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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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February 21, 2018

Maine Recreational Marijuana Law Limits Drug Testing, Disciplinary Consequences Imposed by Employers

February 21, 2018

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes. The law also affects employers who employ employees subject to federal... Read More

January 29, 2018

Fitness Industry Workplace Law Update – Winter 2018

January 29, 2018

Welcome to our premiere issue! Our goal is to keep fitness industry clients and contacts informed about employment and labor law issues that may affect your organizations. We hope you find this newsletter valuable and invite you to share it with interested colleagues and contacts. In this issue, we provide a brief summary of hot... Read More

January 24, 2018

2018: The Year Ahead for Employers

January 24, 2018

An executive summary of recent changes in workplace law and a look ahead to 2018. Read More

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March 30, 2018
WorkBoat

Kathryn Russo Comments on Implications of Maine's Marijuana Laws

March 30, 2018

Kathryn Russo comments on Maine's marijuana laws and its impact on maritime operators and employees in "Marijuana ban may be keeping some from entering marine industry," published by WorkBoat. Subscription may be required to view article Read More

March 26, 2018
HR Dive

Kathryn Russo Comments on Employers Lacking Qualified Job Candidates Due to Skills Gap

March 26, 2018

Kathryn Russo comments on reports of employers lacking eligible job candidates due to the opioid crisis and relaxed marijuana laws in "Inside the perfect storm of problems that created the nation's skills gap," published by HR Dive. Subscription may be required to view article Read More

February 21, 2018
Bloomberg BNA Big Law Business

Kathryn Russo's Congressional Testimony Before House Subcommittee Highlighted

February 21, 2018

Kathryn Russo is highlighted for her recent Congressional testimony before House Subcommittees on the opioid epidemic and implications for workplaces in "Wake Up Call: Ex-Skadden Lawyer Gives Mueller Guilty Plea, Not Cooperation," published by Bloomberg BNA Big Law Business. Subscription may be required to view article Read More

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