Topic
Drug Testing
593 published works
Labor & Employment Law Navigator
Yes, the BWC’s Drug-Free Safety Program (DFSP) Still Requires Testing for Marijuana
A string of recent inquiries from clients and colleagues suggests that it might be a good time to post this reminder: for the Ohio BWC, a drug-free workplace still means…
All Things HR
Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It
By Sara Jodka
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting…
Ogletree Deakins Insights
Benchmarking Survey Provides Insight Into Employers’ Drug Testing Practices in Response to Hiring and Retention Challenges
The last few years have provided numerous reasons for employers to reevaluate drug testing practices—from the rapid development of job protections for medical and recreational marijuana use, to the increase…
Labor and Employment Law Insights
Budding Marijuana Use by Employees Leaves Employers to Hash Out Sticky Testing Situations
By Former Attorney Samuel Mitchell
Campaigns to legalize marijuana at the state and federal levels are blazing nationwide. These efforts are creating a hazy legal landscape for employees, particularly surrounding drug testing in states legalizing…
Budding Trends
But I Didn’t Inhale! Employee Drug Tests in a CBD World
By Whitt Steineker, Anne R. Yuengert, J. William Manuel
Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the…
Drug and Alcohol Testing Law Advisor
Federal Court Dismisses Disability Discrimination Suit Based on Employee’s CBD Use
A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis…
Labor & Employment Insights
Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil
By Anne R. Yuengert, J. William Manuel, Whitt Steineker
In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for…
Workplace Safety and Environmental Law Alert Blog
Workforce Drug Test Positivity Climbs to Highest Level in Two Decades
By Adam R. Young, A. Scott Hecker, and Craig B. Simonsen Seyfarth Synopsis: The rate of positive drug test results among America's workforce reached its highest rate in 2021 since 2001, and…
Drug and Alcohol Testing Law Advisor
Quest Diagnostics Study Finds Highest Drug Positivity Rate in Twenty Years
According to a new Quest Diagnostic Study analyzing workplace drug test results in 2021, employers saw the highest rate of positive drug test results in twenty years. The study was…
Drug and Alcohol Testing Law Advisor
U.S. Department of Transportation Publishes Proposed Rules For Oral Fluid Drug Testing
The U.S. Department of Transportation (DOT) published in the Federal Register on February 28, 2022 a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by…