News & Analysis as of

Employment Policies Prescription Drugs

Dechert LLP

2024 Election - Implications on Life Sciences

Dechert LLP on

As the 2024 election cycle unfolds, the landscape of U.S. policy is poised for potential shifts that could significantly impact various sectors. With the Biden-Harris administration's focus on lowering the cost of...more

Littler

Microdosing Psilocybin: Popular Drug Has Implications for the Workplace

Littler on

There has been growing interest in the therapeutic potential of psychedelic drugs in recent years. They are being evaluated for use in the treatment of conditions such as depression (including easing depression in patients...more

Dorsey & Whitney LLP

The Supreme Court Update - June 14, 2024

Dorsey & Whitney LLP on

On Thursday, June 13, the Supreme Court of the United States issued three decisions: FDA v. Alliance for Hippocratic Medicine, No. 23-235: This case involves an attempt to rescind the Food and Drug Administration’s...more

Jones Day

Fiduciaries Beware: Employer Health Plan Under Fire for Alleged Prescription Drug Mismanagement

Jones Day on

An employer health plan is the latest target of class action litigation seeking redress for the alleged conduct of the plan's pharmacy benefit manager ("PBM")....more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

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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 Americans with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FDA’s Full Stamp of Vaccine Approval Delivers Progress, but Issues With Vaccine Passports and Policies Are Looming

On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to Pfizer’s COVID-19 vaccine. Moderna’s expedited application for full approval is still pending, and Johnson & Johnson plans to submit its...more

Davis Wright Tremaine LLP

[Webinar] 2021 DWT Healthcare Regulatory and Compliance Seminar - A Virtual Series - March 18th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance... Registrants will have the option of selecting the sessions they would like to...more

Davis Wright Tremaine LLP

[Webinar] 2021 DWT Healthcare Regulatory and Compliance Seminar - A Virtual Series - March 16th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance... Registrants will have the option of selecting the sessions they would like to...more

Davis Wright Tremaine LLP

[Webinar] 2021 DWT Healthcare Regulatory and Compliance Seminar - A Virtual Series - March 11th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance... Registrants will have the option of selecting the sessions they would like to...more

Davis Wright Tremaine LLP

[Webinar] 2021 DWT Healthcare Regulatory and Compliance Seminar - A Virtual Series - March 9th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance... Registrants will have the option of selecting the sessions they would like to...more

Jackson Lewis P.C.

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

Jackson Lewis P.C. on

A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...more

Rivkin Radler LLP

EEOC Addresses Employees’ Opioid Use in New Guidance

Rivkin Radler LLP on

The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between...more

Fisher Phillips

The Opioid Crisis Meets The COVID-19 Pandemic: Employers Beware and Be Prepared

Fisher Phillips on

During the COVID-19 pandemic, employers have had to manage an ever-increasing variety of stressful employee related issues. However, as the crisis surges forward, with multiple states facing increased rates of infection as...more

McAfee & Taft

Claim that over-the-counter medication caused positive drug test doesn’t reverse termination

McAfee & Taft on

An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more

Seyfarth Shaw LLP

Employment Tips For The Pharmaceutical, Biotech, And Life Science Industries - Part 2

Seyfarth Shaw LLP on

Tip #2: Thorny Issues with Commissions Part 1: What Happens When a Salesperson Is Selling a Drug To Herself or Her Family Member? A key component of compensation for pharmaceutical salespeople is the sales commission, and...more

Steptoe & Johnson PLLC

Peeking Into Your Employees' Medicine Cabinets

Steptoe & Johnson PLLC on

It’s natural that you do not want employees operating equipment or engaging in potentially hazardous work while they are under the influence of drugs or medications. While many employers with safety-sensitive jobs have a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Loflin Fabrication for Improper Medical Inquiry Under the Americans With Disabilities Act

Office Manager Terminated for Failing to Disclose Medical Prescription, Federal Agency Charges - CHARLOTTE, N.C. - Loflin Fabrication LLC, a North Carolina limited liability company, violated federal law when it made an...more

Seyfarth Shaw LLP

Facing Addiction In The Workplace: The Surgeon General’s Spotlight

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Health and Human Services (HHS), Office of the Surgeon General, has just released a Report on “Facing Addiction in America: The Surgeon General’s Spotlight on Opioids,” (Washington,...more

Winstead PC

A Whole Employer Approach to the Opioid Epidemic

Winstead PC on

Addressing the opioid epidemic challenges employers due to the many overlapping laws and its many varied facets. One survey reported that 70% of employers have felt some impact from drug abuse, such as absenteeism, use of...more

McAfee & Taft

Employers: Use caution when dealing with prescription drug users

McAfee & Taft on

Employers often have policies that require applicants or employees to disclose the lawful use of prescription drugs that could impair job performance or potentially pose a safety concern. If you’re one of those employers, you...more

Ballard Spahr LLP

Federal Judge in N.J. Dismisses Employee's Claim of Failure to Accommodate Medical Marijuana Use

Ballard Spahr LLP on

In Cotto v. Ardagh Glass, Inc., plaintiff Daniel Cotto, Jr., a forklift operator, hit his head while working and was sent for a medical examination. Pursuant to Ardagh's policy, Mr. Cotto was required to take a drug test as a...more

Fisher Phillips

Workers in High-Risk Industries at Greater Risk for Opioid Deaths, Study Says

Fisher Phillips on

Your employees could be at a heightened risk for developing an addiction to opioids after a workplace injury. Now is the time to take measures to minimize the risk of this happening to them. It is well known that...more

Parker Poe Adams & Bernstein LLP

EEOC Sues Over Mandatory Medication Disclosure Policy

Employers naturally have concerns over employee use of prescription or over-the-counter medications that could affect safe or effective performance of job duties. However, the Americans with Disabilities Act restricts...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Continues to Focus on Disability Discrimination Affecting Individuals in Drug Rehab Programs

The Americans with Disabilities Act (ADA) recognizes that an employee or applicant who is currently engaging in the illegal use of drugs (prescription or otherwise) is not a “qualified individual” with a disability....more

U.S. Equal Employment Opportunity Commission...

Oncor Sued for Disability Discrimination and Mandatory Medication Disclosure Policy

Every Employee Required to Tell Boss of Every Medicine That 'Could' Affect Job, Federal Agency Charges - DALLAS - Dallas-based Oncor Electric Delivery Company, LLC violated federal law by terminating a data entry clerk...more

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