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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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June 11, 2019

Illinois Legalizes Recreational Marijuana

June 11, 2019

The Illinois General Assembly passed the Cannabis Regulation and Tax Act (“the Act”) (HB 1438) on May 31, 2019. Governor J.B. Pritzker has stated he will sign the bill.  The Act legalizes marijuana for recreational purposes. The Act, which takes effect on January 1, 2020, will allow anyone over the age of 21 to possess, use, or buy... Read More

May 15, 2019

EPLI Trends, Sexual Harassment Claims, and Planning for 2019

May 15, 2019

As workplace laws continue to evolve, the potential risk exposure is increasing. Jackson Lewis prepared this trends overview to help assess the current workplace law landscape in the #MeToo era and the wave of agency charges, latest claims, and new laws.  Highlights include: Pay Equity Lawsuits: The Next Wave of Litigation... Read More

May 13, 2019

New York City Employers Are Barred from Testing Job Applicants for Marijuana Use

May 13, 2019

New York City has enacted a law prohibiting New York City employers from requiring prospective employees to submit to testing for the presence of tetrahydrocannabinol (THC), the active ingredient in marijuana. The new law, the first of its kind in the United States, became effective on May 10, 2019. The obligations under Intro... 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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