President Trump Signs Measure That Will Allow Broader Drug Testing of Applicants For Unemployment Benefits

Jackson Lewis P.C.
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President Trump signed a Congressional Joint Resolution March 31 that will permit states to pass measures allowing for broader drug testing of applicants for unemployment benefits. The resolution nullified a U.S. Department of Labor final rule issued in August 2016 that permitted states to enact legislation to conduct drug testing of applicants for unemployment benefits “for whom suitable work is available only in an occupation that regularly conducts drug testing.”  In effect, the final rule limited such drug testing to applicants in occupations where drug testing was required, such as U.S. Department of Transportation-regulated jobs, and other jobs where drug testing was required under state or federal law.  Now, with the President’s approval of the Joint Resolution, there is no such limitation.

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