The Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (DHHS), proposed scientific and technical guidelines for hair drug testing in federal workplace drug testing...more
The Supreme Court of Ohio held that an at-will employee has no cause of action for common law invasion of privacy after the employer required the employee to submit to a directly-observed urine collection drug test. Lunsford...more
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a Notice of Enforcement Discretion Determination on July 6, 2020 concerning random drug and alcohol testing during calendar year 2020....more
Louisiana’s governor signed into law on June 11, 2020 a measure amending the state’s medical marijuana law to make it easier for patients to obtain medical marijuana. The current version of Louisiana’s medical marijuana law...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced on June 5, 2020 an extension of the waiver period that is available when a commercial motor vehicle driver has been out...more
An employer may terminate an employee for refusing to submit to a drug test based on reasonable suspicion under the state drug testing law, the Rhode Island Supreme Court has held. Colpitts v. W.B. Mason Co., Inc., No....more
The Rhode Island Supreme Court affirmed the dismissal of a lawsuit against an employer who terminated an employee for refusing to submit to a reasonable suspicion drug test, even though the employee’s odd behaviors could have...more
A Pennsylvania court affirmed an order of the Unemployment Compensation Board of Review holding a claimant to be eligible for unemployment benefits after her employer terminated her employment for testing positive for...more
The New York City Commission on Human Rights issued a written reminder on May 8, 2020 that the law prohibiting pre-employment marijuana testing is effective on May 10, 2020. In addition, the Commission stated that it is...more
A New York state court denied summary judgment to an employer that terminated an employee for testing positive for marijuana, when the employee obtained a medical marijuana certification prior to the termination decision....more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a “Waiver in Response to COVID-19 Emergency” on March 24, 2020 concerning renewals of licenses and medical certifications for holders...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued guidance on March 24, 2020 to address potential disruptions to mandated drug and alcohol testing during the COVID-19 crisis. The FMCSA...more
The U.S. Department of Transportation Office of Drug and Alcohol Policy Compliance issued guidance on March 23, 2020 to provide clarity with respect to existing requirements for DOT-mandated drug and alcohol testing during...more
The New York City Commission on Human Rights announced a notice of public hearing and opportunity to comment on a proposed rule providing exceptions to the prohibition on pre-employment marijuana testing that will take effect...more
The Federal Motor Carrier Safety Administration announced on March 13, 2020 that due to the COVID-19 outbreak, an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety...more
The U.S. Food and Drug Administration repeated its warning to the public about the potential risks of using CBD products in a statement released on March 5, 2020, FDA Advances Work Related to Cannabidiol Products with Focus...more
The New Jersey Compassionate Use Medical Marijuana Act (CUMMA) requires employers to accommodate an employee’s lawful use of medical marijuana outside of the workplace, the New Jersey Supreme Court has held. Wild v. Carriage...more
The U.S. Department of Transportation Office of Drug and Alcohol Policy Compliance published a notice on February 18, 2020 concerning the use of hemp and cannabidiol (CBD) products by safety-sensitive employees regulated by...more
A federal court in Alabama held that an employer’s request to count an employee’s prescription medication – in connection with a drug test that the employee passed – supported the employee’s claim for invasion of privacy....more
The U.S. Department of Justice’s Drug Enforcement Administration published its 2019 National Drug Threat Assessment on January 30, 2020. The DEA’s annual report is a comprehensive strategic assessment of the threat posed to...more
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2020. The Federal Motor Carrier Safety Administration has raised its random drug testing rate to 50% for...more
A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on December 27, 2019 that beginning on January 1, 2020, the minimum annual percentage rate for random drug testing is 50% of the...more
Marijuana will become legal recreationally in the State of Illinois on January 1, 2020. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by...more