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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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January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

January 2, 2019

Retail Industry Workplace Law Update – Winter 2019

January 2, 2019

Class Action Trends Report The latest issue of our quarterly report on developments in class action litigation focuses on “joint employers” and covers the following topics: Are you my employer? A patchwork of tests Only in California Prevention pointer Read the Report … OSHA: Certain Safety Incentive Programs, Post... Read More

November 12, 2018

Voters in Three States Approve Marijuana Laws on Election Day

November 12, 2018

Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters approved a recreational marijuana law. Michigan: Recreational Marijuana Michigan Proposal 1 was passed by a majority (approximately 55% “Yes” and 45% “No”). Proposal 1, the Michigan... Read More

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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

November 13, 2018
SHRM

Tressi Cordaro Discusses OSHA’s Clarifications on Safety Incentives and Drug Testing

November 13, 2018

Tressi Cordaro discusses OSHA clarifying the DOL's position on workplace safety incentive programs and post-incident drug testing in "OSHA Clarifies when Post-Accident Drug Testing Is Permitted," published by SHRM. Subscription may be required to view article Read More

October 31, 2018
SHRM

Kathryn Russo Discusses Drug Addiction and its Impact on ADA Discrimination Claims

October 31, 2018

Kathryn Russo discusses the implications of drug addiction and disability accommodations under the Americans with Disabilities Act in "Interact Sensitively with Employees Addicted to Opioids," published by SHRM. Subscription may be required to view article Read More

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