Topic
Drug Testing
588 published works
Employment Law Worldview
US State Law Roundup
By Shennan Harris, Gabrielle Martin
State and local legislatures were active throughout the last quarter in passing employment laws and ordinances concerning topics such as arbitration agreements, wage transparency requirements, and drug testing laws to…
Budding Trends
“Will Work for Weed”: Pre-Employment Marijuana Tests Are Falling Away as Positive Test Results Increase — What Employers Need to Do Now
By Whitt Steineker, Slates C. Veazey
If an employee uses marijuana off the clock and the employer doesn’t test for marijuana, isn’t it much like the tree falling in the woods? A recent Wall Street Journal…
Cannabis
New Jersey Cannabis Law Just Got Teeth: Employees Can Now Sue
By Cole Schotz
Employment laws governing workplace drug policies continue to evolve following the legalization of cannabis in New Jersey. On May 26, 2026, the New Jersey Superior Court, Appellate Division issued a…
The Employer Handbook Blog
Fired a Medical Marijuana User After a Drug Test? A Pennsylvania Court Says Not So Fast.
Firing a medical marijuana user after a positive drug test may seem straightforward — until a federal court explains why it isn’t. TL;DR: A Pennsylvania federal court denied summary judgment…
The Blunt Truth®
Legal Update: No Safe Harbor: DOT Rejects State-Licensed Marijuana as Basis to Overturn Positive Drug Test Results
By Jennifer L. Mora, Frederick T. Smith
In late May 2026, the Office of Drug and Alcohol Policy and Compliance and the Office of the General Counsel of the U.S. Department of Transportation (DOT) issued a new…
The Employer Handbook Blog
Rejected for a Positive Cannabis Test in New Jersey? Now Applicants Can Sue.
A federal appeals court ruled in 2024 that New Jersey job applicants had no legal recourse when employers rejected them over a positive recreational cannabis test. The New Jersey Appellate…
Drug and Alcohol Testing Law Advisor
DOT Stance Firm: Medical Marijuana Does Not Excuse Positive Drug Test Results
The Department of Transportation’s Office of Drug and Alcohol Policy and Compliance published answers on May 15, 2026, regarding the rescheduling of certain medical marijuana products to Schedule III of…
Drug and Alcohol Testing Law Advisor
Maine Revises Drug Testing Law, Broadens Employers’ Drug Testing Options
Significant revisions to the Maine Substance Use Testing Law, 26 Maine Rev. Stat. 681 et seq., will take effect on July 29, 2026. Maine House Bill 1425 (2025-2026). New Types…
Ogletree Deakins Insights
Oklahoma Gives Employers Broader Drug Testing Authority
By By: Matthew D. Craig, Kathryn N. Taylor, Sarah R. Shaiman, Publisher, M. Tae Phillips
Quick Hits Oklahoma’s HB 3127 imposes a mandatory zero-tolerance drug and alcohol standard for safety-sensitive positions and replaces the previous broad employer-judgment standard with a specific list of qualifying duties.…
The Employer Handbook Blog
What the ADA Requires When a Drug Test Flags a Legally Prescribed Medication
According to the EEOC, the company’s own doctors cleared two employees as fit for duty. The employer allegedly refused to let them return anyway, unless they switched the medications treating…