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Drug Testing and Substance Abuse Management

Recent developments with respect to medical marijuana laws at the state level raise new questions for employers on top of existing issues surrounding drug testing and substance abuse management in the workplace.

Overview

We bring together attorneys with extensive knowledge of the wide range of issues implicated in workplace drug testing and substance abuse management with experienced attorneys from our Workplace Safety and Health and Disability, Leave and Health Management Practices to provide comprehensive advice and counsel on these sensitive workplace law challenges.

To assist employers with their drug testing and substance abuse management objectives, we advise clients concerning the legal issues and requirements imposed by federal, state and local laws and regulations. We routinely prepare and review policies to ensure compliance with applicable federal, state and local laws and regulations requiring and/or regulating drug testing and substance abuse programs.

We assist clients in making “reasonable suspicion” determinations, assessing methods of “random” testing and determining appropriate disciplinary actions for substance abuse policy violators. Our attorneys also draft agreements for employees who agree to enter treatment and rehabilitation programs, and we advise employers who oppose claims for unemployment compensation following termination for a positive drug test.

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August 11, 2017

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

August 11, 2017

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug test, the U.S. District Court for the District of Connecticut has held. Noffsinger v. SSC Niantic Operating Co., LLC,... Read More

May 25, 2017

Employer’s Refusal to Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds

May 25, 2017

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under the state medical marijuana law. Callaghan v. Darlington Fabrics Corp., et al., No. PC-2014-5680 (R.I. Super. Ct.,... Read More

January 10, 2017

2017: The Year Ahead for Employers

January 10, 2017

An executive summary of recent changes in workplace law and a look ahead to 2017. Read More

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May 24, 2017
SHRM

Matthew Nieman Comments on the Need for Substance Abuse Policies in the Workplace

May 24, 2017

Matthew Nieman comments on the need for employers to review and update their substance abuse policies and drug-testing practices due to American workers testing positive for drugs at the highest rate since 2004 in "Uptick in Positive Drug Tests Shows Need to Revisit Employment Policies," published by SHRM. Subscription may be... Read More

April 12, 2017
SHRM

Matthew Nieman Comments on President Donald Trump Expanding Drug Testing of Unemployment Benefit Applicants

April 12, 2017

Matthew Nieman comments on President Trump signing legislation that will give states more leeway to drug test unemployment insurance applicants, in "Trump Signs Law on Drug Testing Unemployment Benefits Applicants," published by SHRM. Subscription may be required to view article Read More

September 16, 2016
Law 360

Mark de Bernardo Comments on Marijuana Legalization and Drug-Free Workplaces

September 16, 2016

Mark de Bernardo comments on marijuana legalization and workplace drug policies in "Marijuana Legalization Votes Won’t End Drug-Free Workplaces," published by Law 360.  Subscription may be required to view article Read More

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