Exposing the Fireman’s Pole: The Constitutionality of Firefighter Direct...
Can an organization require random drug tests conducted under direct observation in a non-federally regulated testing pool? It depends. In Wilcher v. City of Wilmington the United States Court of...
View ArticleUnderstanding Federal and State Standards on Reasonable Suspicion
Reasonable suspicion is one of several reasons an employer may rely on to require employees to submit to a drug or alcohol test. But what does having “reasonable suspicion” really mean when applying...
View ArticleStriking a Balance: New York City Updates Pre-employment THC Testing Prohibition
On May 10, 2020, New York City’s ban on pre-employment marijuana testing took effect. New York City Council passed this law on April 9, 2019. The law prohibits employers from conducting pre-employment...
View ArticleFrom Urine to Saliva Drug Testing: Tipping the Scales in Favor of Employee...
PART I: INTRODUCTION PART II: BACKGROUND ON FEDERAL DRUG TESTING MODES PART III: REGULATION OF OFF-DUTY CONDUCT PART IV: ALTERNATIVES PART V: EMPLOYEE’S PRIVACY INTEREST PART VI: CONCLUSION PART I:...
View ArticleDOT Guidance on the Revised Federal Drug Testing Custody and Control Form
[August 31, 2020] This guidance document discusses changes to the revised Federal Drug Testing Custody and Control Form (CCF), which was approved by the Office of Management and Budget (OMB) on August...
View ArticleWorkers’ Compensation Claims: Mary Jane Causes Disruption in The Legal System
Introduction The History of Medical Marijuana History of Workers compensation Legal Standards Discrimination in the workplace Off-Duty Use Drug Testing Privacy Rights Drug Testing for Marijuana Medical...
View ArticleRecreational Marijuana and Decriminalization Confuses Pre-Employment Drug...
Historically, every state has legally enforced some form of pre-employment drug testing. These policies have helped businesses enhance job safety, practice risk aversion, gain legal advantage, and...
View ArticleDrug Testing Employees In-House: Taking Back The Reins
Many employers are coming to understand the benefits of drug testing employees with in-house drig testing. Going to third parties for drug and alcohol testing is often unnecessarily time-consuming,...
View ArticleCan an Employer Make an Employee pay for a Drug Test?
Drug tests are used to detect the presence of illegal or prescription drugs.[1] Employers may require job applicants and employees to submit to drug testing either during the hiring process or after...
View ArticleCan Employers Drug Test On-Site?
Companies often have a duty to test their employees for recreational and illegal substances to ensure that they (and their colleagues) remain safe on-site. However, management and supervisors...
View ArticleValidating Uniform Direct Observation Drug Testing Procedures in Lunsford
Recently, the Supreme Court of Ohio resolved the question of whether an at-will employee has a cause of action for invasion of privacy against its private employer for requiring the employee to submit...
View ArticleHow Does a DOT BAT Safely Conduct Alcohol Screening and Confirmation During...
When a United States Department of Transportation qualified breath alcohol technician (DOT BAT) is faced with testing an employee for alcohol, how does the DOT BAT ensure safety and security during the...
View ArticleWhat just happened? An Employer’s Guide to Drug-Related 2020 Voter Initiatives
The 2020 elections involved 10 different voter ballot initiatives across the nation involving the legalization, decriminalization, or priority demotion of various drugs. This video session provides a...
View ArticleTime for Employers to Panic? US House Passes Marijuana Decriminalization
The United States House of Representatives passed a marijuana de-criminalization resolution.[1] Should employers panic? Quick Summary Marijuana is not actually decriminalized; the resolution would need...
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