Topic
Drug Testing
593 published works
Regulatory Oversight
Employer Drug-Testing Policies Must Evolve With State Law
By Agustin Rodriguez, Christina Sava, Tracey Diamond
Published in Law360 on July 19, 2023. © Copyright 2023, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission. While many individuals are excited about the proliferation of state laws providing…
The Blunt Truth®
Minnesota’s New Recreational Cannabis Law Results in First-Of-Its-Kind Drug Testing Scheme
By Jennifer L. Mora, Frederick T. Smith
Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Starting August 1, 2023, Minnesota will provide protections to individuals who use…
San Antonio Employment Law Blog
Texas Supreme Court Rejects Drug Testing Liability
Truck drivers and many others are tested for drug use routinely. The practice of conducting drug testing has become pervasive across a wide swath of industries. But, what happens when…
Ogletree Deakins Podcasts
Drug-Testing Limits and OSHA Protocols in Region 6 (Podcast)
By By: John D. Surma, Frank D. Davis
In this podcast, Frank Davis and John Surma, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, discuss limitations on and best practices for employee drug testing policies throughout…
Green Leaf Brief
CBD & The Workplace, A Word to The Wise
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including…
The Blunt Truth®
Failure to Hire Claims Go Up In Smoke for Pot-Using New Jersey Job Applicant
By Anthony Califano, Jennifer L. Mora
On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E.,…
Drug and Alcohol Testing Law Advisor
U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach Twenty-Five Year High
A Quest Diagnostics analysis published on May 18, 2023 found that positive post-accident marijuana tests were at the highest level in 25 years in 2022. Positive post-accident tests increased to…
Ogletree Deakins Insights
Majority of States Have Legalized Marijuana, but OSHA’s Post-Incident Drug-Testing Guidance Hasn’t Changed
By By: Wayne E. Pinkstone, John D. Surma
As of May 1, 2023, marijuana had been legalized for medicinal or recreational use, or both, in thirty-eight states. Some 35–55 million Americans report using marijuana two or more times…
Workplace Safety and Environmental Law Alert Blog
High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record
By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in…
Hiring To Firing Law Blog
Max TV Series <em>Industry</em> and Drugs in the Workplace
How do you determine when an employee is impaired at work? How do you detect drug use in a remote work environment? When can you ask an employee to take…