Total Articles: 8
Drug Enforcement Administration Denies Petition to “Reschedule” Marijuana
The U.S. Drug Enforcement Administration (“DEA”) has denied a petition to initiate rulemaking proceedings to “reschedule” marijuana in the federal Controlled Substances Act (“CSA”).
Federal Court in Michigan Dismisses Medical Marijuana User's Claims Arising from Positive Drug Test
An employee who was terminated after testing positive for marijuana (which he obtained and used pursuant to Michigan’s medical marijuana law) has stated no legal claims against his employer, a federal court in Michigan has ruled. Casias v. Wal-Mart Stores, Inc., No. 10-CV-781 (W.D. Mich. Feb. 11, 2011). The court dismissed the wrongful discharge case against the employer.
Up In Smoke: The Rise Of Medical-Marijuana Laws.
As more states enact laws allowing patients to ingest marijuana as a means of coping with various diseases and symptoms, the question quickly arises for human resources professionals about how this affects the employment relationship. If employees are legally allowed to smoke at home to manage night seizures, are they still going to be affected by marijuana the next day at work? Do you have to accommodate this?
Pre-Employment Drug Test Deemed Unconstitutional.
The waters have been muddiedsomewhat--on the issue of drug testing applicants and employees. The legal right to drug test has always suffered from a bit of murkiness on account of ill-defined constitutional privacy rights. Will a recent federal Ninth Circuit Court of Appeal case complicate matters?
Public Employers: Drug Screening All Applicants Held Unconstitutional.
The Ninth Circuit recently held that a citys policy of requiring candidates of choice for city positions to pass a pre-employment drug test as a condition of the job offer is unconstitutional as applied to an applicant for the position of library page. See Lanier v. City of Woodburn (March 13, 2008). The court held that the city failed to demonstrate a special need to screen prospective library pages for drugs, thus the policy is unconstitutional as applied to that position. The court also held, however, that the plaintiff did not show that the policy could never be constitutionally applied to any city position, thus it was not unconstitutional on its face.
drug and alcohol testing: is your policy up-to-date?
Regardless of the reason for drug and/or alcohol testing, employers must ensure that they comply with the applicable federal and state laws or risk substantial monetary penalties.
what to do when an employee comes to work under the influence of alcohol.
Provides strategy for dealing with an emloyee who reports to work under the influence.
WHAT AMERICAN EMPLOYEES THINK ABOUT DRUG ABUSE.
This is a Gallup poll used to determine worker attitudes towards drugs in the workplace, including experience with drugs and drug testing.
