Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

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New Connecticut Law Requires Policy on Opioid Antagonists at Colleges, Universities

By Sally Welch St. Onge on October 4, 2019

Connecticut has enacted changes to its opioid laws that include requiring institutions of higher education to implement a policy on the availability and use of opioid antagonists for students and staff. Public Act No. 19-191, “An Act Addressing Opioid Use,” makes various other revisions to the state’s opioid use prevention and treatment statutes, as well as creates new legislation. By January 1, 2020, presidents of institutions of higher education in Connecticut must develop, implement,…

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FMCSA Clearinghouse Registration Is Now Open; Clearinghouse Goes Live on January 6, 2020

By Kathryn J. Russo on October 1, 2019

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on October 1, 2019 that Clearinghouse registration is now open. The FMCSA Clearinghouse is an electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations. The Clearinghouse will become operational on January 6, 2020, and FMCSA-regulated employers must be ready to comply with the Clearinghouse requirements on that date. Authorized users may now visit https://clearinghouse.fmcsa.dot.gov/register to create a…

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New Jersey’s Amended Medical Marijuana Law Provides Job Protections And Includes Drug Testing Procedures

By Katherine M. DiCicco & Kathryn J. Russo on July 12, 2019

New Jersey Governor Phil Murphy signed into law on July 2, 2019 the Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”) to expand patient access to medical marijuana and to reform the State’s medical marijuana program. The law amends the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-2 et seq., (and changes its name to the Jake Honig Compassionate Use Medical Cannabis Act). The CUMCA makes several substantive changes to New Jersey’s medical marijuana…

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Court Dismisses ADA Claims Alleging “Excessive” Drug and Alcohol Testing

By Catherine A. Cano on June 14, 2019

A federal court in New York dismissed a disability discrimination claim asserted under the Americans with Disabilities Act (ADA) based on allegedly “excessive” drug and alcohol testing of employees after they failed drug or alcohol tests required under the U.S. Department of Transportation (DOT)’s regulations. Vuono, et al. v. Consolidated Edison of New York, Inc., Case No. 1:18-cv-016365-VEC (S.D.N.Y. June 11, 2019). The employer required the group of plaintiff-employees to submit to random drug and…

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Illinois Legalizes Recreational Marijuana, Posing Challenges For Employers

By Kathryn J. Russo, Jody Wilner Moran, J. Casey Leech & Katherine S. Bailey on June 12, 2019

The Illinois General Assembly passed the Cannabis Regulation and Tax Act (“the Act”) (HB 1438) on May 31, 2019, legalizing marijuana for recreational purposes. Governor J.B. Pritzker has stated he will sign the bill and it will take effect on January 1, 2020. The Act will allow anyone over the age of 21 to possess, use, or buy marijuana. More significantly, marijuana will be considered a “lawful product” for purposes of the Illinois Right to Privacy Act,…

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Occupations Governed by Federal Regulation Remain Guarded Against State Medical Marijuana Non-Discrimination Laws

By Lisa A. McClane & Donald P. Paradiso on June 11, 2019

A growing number of states have passed anti-discrimination laws pertaining to medical marijuana use. While medical marijuana is becoming widely legalized under state law, marijuana and its most identifiable active chemical, THC, remain listed as Schedule I drugs under the federal Controlled Substances Act. Still, the legalized marijuana market, and the science behind the research and development of new products, has come a long way. The marijuana industry now mass produces widely available extracts, oils,…

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Nevada Will Ban Pre-Employment Marijuana Testing On January 1, 2020

By Kathryn J. Russo on June 11, 2019

Beginning on January 1, 2020, it will be illegal to conduct pre-employment drug testing for marijuana in the state of Nevada. Assembly Bill No. 132 was signed into law by the governor on June 5, 2019. This makes Nevada the first state to enact such a law (although New York City became the first city to enact such a law, as we discussed in previous blog posts). The law provides that it “is unlawful…

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New York Offers Tax Credit To Employers Who Hire Recovering Substance Abusers

By Mary-Ann P. Czak on May 14, 2019

In an effort to combat the ongoing opioid crisis and substance abuse, New York State’s Budget for Fiscal Year 2020 includes the nation’s first tax incentive program for certified employers who hire people recovering from substance use disorders in full-time or part-time positions. The purpose of the Recovery Tax Credit program is two-fold: to create a recovery-oriented culture in business and local communities, as well as encourage growth by increasing employment opportunities. Beginning in 2020,…

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Update: New York City’s Ban On Pre-Employment Marijuana Testing Will Take Effect on May 10, 2020

By Kathryn J. Russo on May 13, 2019

We previously blogged about the law passed by the New York City Council on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. Because the law was not signed or vetoed by Mayor de Blasio within 30 days of passage, it became law on May 10, 2019. The law provides that it will take effect one year later. New York City employers therefore have until May 10, 2020 to get…

Drug and Alcohol Testing Law Advisor

FMCSA Clearinghouse Rules Take Effect On January 6, 2020: Are You Ready?

By Kathryn J. Russo on May 8, 2019

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s Clearinghouse will become operational on January 6, 2020, and FMCSA-regulated employers must be ready to comply with the Clearinghouse requirements on that date. The FMCSA Clearinghouse is an electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations. Although the Clearinghouse rule actually took effect on January 4, 2017, the implementation date for FMCSA-regulated employers is January 6,…

Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Blog Authors

New Connecticut Law Requires Policy on Opioid Antagonists at Colleges, Universities

FMCSA Clearinghouse Registration Is Now Open; Clearinghouse Goes Live on January 6, 2020

New Jersey’s Amended Medical Marijuana Law Provides Job Protections And Includes Drug Testing Procedures

Court Dismisses ADA Claims Alleging “Excessive” Drug and Alcohol Testing

Illinois Legalizes Recreational Marijuana, Posing Challenges For Employers

Occupations Governed by Federal Regulation Remain Guarded Against State Medical Marijuana Non-Discrimination Laws

Nevada Will Ban Pre-Employment Marijuana Testing On January 1, 2020

New York Offers Tax Credit To Employers Who Hire Recovering Substance Abusers

Update: New York City’s Ban On Pre-Employment Marijuana Testing Will Take Effect on May 10, 2020

FMCSA Clearinghouse Rules Take Effect On January 6, 2020: Are You Ready?

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