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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.

The Team

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October 4, 2019

New Connecticut Law Requires Policy on Opioid Antagonists at Colleges, Universities

October 4, 2019

Connecticut has enacted changes to its opioid laws that include requiring institutions of higher education to implement a policy on the availability and use of opioid antagonists for students and staff. Public Act No. 19-191, “An Act Addressing Opioid Use,” makes various other revisions to the state’s opioid use prevention and... Read More

July 15, 2019

New Jersey Amends Medical Marijuana Law to Provide Job Protections, Include Drug Testing Procedures

July 15, 2019

New Jersey has provided job protections to medical marijuana users and created new drug testing procedures under new law signed by Governor Phil Murphy on July 2, 2019, that took effect upon signing. The new law also changes the name of the New Jersey Compassionate Use Medical Marijuana Act (N.J.S.A. 24:61-2 et seq.) to the “Jake... Read More

July 10, 2019

2019: The Mid-Year Outlook for Employers

July 10, 2019

The first six months of 2019 have proven to be busy, challenging professionals in the labor and employment communities to keep up with a number of newly enacted laws and regulations. In the 2019: Mid-Year Outlook for Employers, Jackson Lewis attorneys provide a snapshot of activity from the first half of the year as well as a preview of... Read More

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August 7, 2019
SHRM

Kathryn Russo Comments on the Growing Popularity of CBD Use and its Impact on Workplace Drug Testing

August 7, 2019

Kathryn Russo comments on the evolving CBD marketplace and its impact on workplace drug testing in "Cannabis Oil Complicates Drug Testing," published by SHRM. Subscription may be required to view article Read More

July 3, 2019
Michigan Lawyers Weekly

Marlo Johnson Roebuck Comments on Increased Marijuana Legalization and its Impact on Workplace Drug Policies

July 3, 2019

Marlo Johnson Roebuck comments on the increased legalization of cannabis and its impact on employers' drug policies going forward in "Employment attorneys clear the smoke on new marijuana laws," published by Michigan Lawyers Weekly. Subscription may be required to view article Read More

January 7, 2019
Fleet Owner

Kathryn Russo Discusses the Impact of Marijuana Legalization on Drug Testing Policies

January 7, 2019

Kathryn Russo discusses how the legalization of marijuana is causing a gray area for employers and drug testing in "Changing marijuana laws may mean it's time to review drug testing policy," in Fleet Owner. Subscription may be required to view article Read More

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