Articles Discussing Case:
Littler Mendelson, P.C. • March 02, 2016
The U.S. Court of Appeals for the Eighth Circuit recently expanded the reach of the Minnesota Drug and Alcohol Testing in the Workplace Act1 (“DATWA” or “the Act”) by ruling that the Act can apply to the employees of Minnesota-based employers working in other states whenever there are “significant contacts” between the state and the parties or the facts giving rise to the claim. In Olson v. Push, Inc.,2 the Eighth Circuit ruled that Minnesota’s drug testing rules applied to a Minnesota applicant for a West Virginia job because the employer did business in Minnesota, hired a Minnesota resident, and permitted a pre-employment drug test to be conducted in Minnesota. Because Minnesota’s DATWA imposes some of the most significant restrictions on workplace drug and alcohol testing in the country, the Push case requires prudent Minnesota employers to consider whether the Act applies to individuals employed in out-of-state positions and to adjust their testing protocols.