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Report Link Pre-Employment Drug Test Deemed Unconstitutional.Barker Olmsted & Barnier - April 15, 2008 The waters have been muddied—somewhat--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? Report Link Public Employers: Drug Screening All Applicants Held Unconstitutional.Ford & Harrison LLP - April 15, 2008 The Ninth Circuit recently held that a city’s 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. Report Link Court Upholds FAA Rule Requiring Drug and Alcohol Testing of Air Carrier Contractors and Subcontractors at Any Tier.Jackson Lewis LLP - August 09, 2007 A federal appeals court in Washington, D.C., has upheld an FAA rule requiring air carriers to conduct drug and alcohol testing of all employees of their contractors who perform safety-sensitive work, including employees of subcontractors at any tier. Aeronautical Repair Station Ass'n v. FAA, No. 06-1091, 2007 U.S. App. LEXIS 16920 (D.C. Cir., July 17, 2007). Report Link Survey Shows Most Drug and Alcohol Abusers Work Full-Time, Are More Likely to Work For Employers That Do Not Test.Jackson Lewis LLP - August 08, 2007 A link between the absence of employer substance abuse testing and the incidence of abusing employees in the workforce appears to emerge from a study recently released by the Substance Abuse and Mental Health Services Administration ("SAMHSA"), a division of the United States Department of Health and Human Services. The results of a nationwide survey conducted in 2002-2004 concerning workplace substance abuse issues, entitled "Worker Substance Use and Workplace Policies and Programs," was based on data collected from a sample of 128,000 people employed full-time, ages 18 to 64, who participated in SAMHSA's National Survey on Drug Use and Health. The survey, released on July 16, 2007, underscores the fact that use of illicit drugs and alcohol in the workplace is widespread. Some of the survey's more significant highlights for employers include the following: Report Link Termination of Public Employee For Refusing to Submit to Drug Testing Upheld By Federal Appellate Court.Jackson Lewis LLP - April 02, 2007 Does a random drug test violate a public employee's 4th Amendment right againt unreasonable searches? Report Link States Enact Ten New Drug Testing Laws in 2005.Jackson Lewis LLP - May 05, 2006 While the 2006 legislative calendar is just now gearing up at the state level, this may be a good time to review the ten newly enacted state laws affecting workplace drug testing from the 2005 legislative session. Report Link Employee Dishonesty After Drug-Related Arrest Provides Grounds For Drug Testing.Jackson Lewis LLP - December 28, 2004 An employee's arrest for possession of drug paraphernalia and criminal trespass, together with his dishonesty in explaining his resulting absence from work, was sufficient to establish reasonable suspicion that he was using drugs illicitly. Report Link Proposal to Revise Mandatory Federal Drug Testing Guidelines for Hair, Sweat and Oral Fluids.Jackson Lewis LLP - April 27, 2004 On April 13, 2004, the U.S. Department of Health and Human Services announced a proposal to revise its Mandatory Guidelines for Federal Workplace Drug Testing Programs to establish guidelines for the testing of hair, oral fluid and sweat specimens for drugs, in addition to urine. Report Link Hospital May Be Liable to Client's Employee for Mishandling Drug Test.Jackson Lewis LLP - September 18, 2003 A hospital which collected urine samples for drug testing under a contract with an employer owes a duty of care to the employee being tested. Report Link Practical Issues for Employers to Consider When Creating a Substance Abuse Testing Program.Jackson Lewis LLP - April 01, 2002 Before implementing a workplace drug and/or alcohol testing program, employers should carefully consider a number of issues. Report Link drug and alcohol testing: is your policy up-to-date?
Fredrikson & Byron, P.A. - April 01, 2002 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. Report Link Intro to Drug Screening...Pre-Employment Drug Screening - (No Date) General discussion about drug testing, including testing programs, testing methods, testing results. Report Link Drug Testing Resource Site.Drug Free Workplace (SAMHSA) - (No Date) Covers extensive list of topics relating to drug testing, including urine testing, specimen collection, policy issues, medical review officers, specimen validity testing, and analytical testing.
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ArticlesFound: 13 ArticlesNO SUBTOPICSEmployment Law Seminars
WORKPLACE VIOLENCE: STRATEGIES FOR PREVENTION
Sacramento
July 8, 2008 Shaw Valenza LLPBenefits "Q And A": Get The Benefit From Our Benefits ExpertsEast Elmhurst
2008-7-8 Queens Chamber of CommercePREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Eureka
July 10, 2008 Shaw ValenzaThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActNew London
2008-7-16 Jackson Lewis LLPThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-7-16 Jackson Lewis LLPFree Lunchtime Webinar: Protecting Company Assets: Trade Secrets, Non-Competition, And The World Of Restrictive Covenants: Will The Courts Really Enforce These Agreements?Online
July 17, 2008 Fisher & PhillipsDealing With HR Dilemmas In The Digital AgeMelville
2008-7-17 Jackson Lewis LLPDealing With HR Dilemmas In The Digital AgeIrving
2008-7-17 Jackson Lewis LLPComplimentary Breakfast Briefing for In-House Counsel, Senior Management and HR ProfessionalsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLP |
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