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Home > Federal Law Articles > Human Resources > Drugs & Alcohol

Articles Discussing Drugs & Alcohol In The Workplace.

How Much Is Too Much? Drinking, Drugs, and Trucking

October 3, 2023 Filed Under: Drugs & Alcohol

“But I only had two beers.”

HHS Recommends that Marijuana be Reclassified as Schedule III Controlled Substance

September 12, 2023 Filed Under: Drugs & Alcohol

A Continuing Discussion on the Opioid Epidemic and the Workplace – Part 1

September 7, 2023 Filed Under: Drugs & Alcohol

Executive Summary: As promised, this is the first of multiple Alerts that will explore the details of the ongoing opioid epidemic, identify relevant issues for employers to analyze, and provide suggestions on how to effectively navigate this complicated and highly problematic issue.

Clearing the Haze: Marijuana Drug Testing Legal Updates

August 21, 2023 Filed Under: Drugs & Alcohol

Jackson Lewis

Marijuana drug testing is complicated and controversial, and with rapidly increasing federal, state, and local laws affecting workplace policies, it may be challenging for employers to keep up. Indeed, since January, the U.S. Department of Transportation has published new drug testing regulations and several states have enacted new marijuana laws. 

U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach Twenty-Five Year High

June 4, 2023 Filed Under: Drugs & Alcohol

Jackson Lewis

A Quest Diagnostics analysis published on May 18, 2023 found that positive post-accident marijuana tests were at the highest level in 25 years in 2022. Positive post-accident tests increased to 7.3%, an increase of 9% compared to 6.7% in 2021. Positive post-accident tests have been steadily increasing since 2012, with

Majority of States Have Legalized Marijuana, but OSHA’s Post-Incident Drug-Testing Guidance Hasn’t Changed

May 31, 2023 Filed Under: Drugs & Alcohol

Although marijuana has been legalized for medicinal or recreational use, or both, in thirty-eight states, it is still illegal under federal law, and drug testing is required to comply with a number of federal laws, including the Motor Carrier Safety Act. In addition, the Occupational Safety and Health Administration does

“Animal Control”: Killer Bunnies and the War on Drugs in the Workplace

May 25, 2023 Filed Under: Drugs & Alcohol

Animal Control is a new sitcom on Fox that calls back to workplace comedies like The Office, Parks and Rec, and Brooklyn Nine-Nine.  The show primarily follows Seattle Animal Control Officers, Frank (played by Joe McHale) and his partner, Shred (played by Michael Rowland), as they navigate various animal-related

I live in a marijuana-friendly state. Do I have to allow employees to use and possess marijuana at work?

April 23, 2023 Filed Under: Drugs & Alcohol

Littler

North Carolina Court Dismisses Employee’s Disability Suit Over Lawful Use of CBD

April 11, 2023 Filed Under: Drugs & Alcohol

Jackson Lewis

A North Carolina federal court dismissed a former employee’s legal claims related to her use of CBD outside of work after she tested positive for marijuana and was fired by her employer.  Anderson v. Diamondback Inv. Grp., LLC, No. 1:21CV778, 2023 U.S. Dist. LEXIS 42239 (M.D.N.C. Mar. 14, 2023).    

Dear Littler: How Do We Handle Drug or Alcohol Impairment in the Workplace?

March 28, 2023 Filed Under: Drugs & Alcohol

Littler

Dear Littler:  We are a manufacturing company with facilities in multiple states.  We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use.  We are particularly concerned about employees potentially endangering themselves or others if they are

The Year Ahead in Cannabis Use Protections

February 6, 2023 Filed Under: Drugs & Alcohol

Jackson Lewis

As courts increasingly enforce applicable state and local laws that make marijuana legal instead of the federal law that makes it illegal, workplace substance abuse policies need a re-look. Jackson Lewis principals Catherine Cano and Kathryn Russo share insights on how the rapidly proliferating laws protecting marijuana and CBD are making marijuana issues for employers more complex.

Medical Marijuana in Your Suitcase? How One Basketball Player’s Conviction Raises Concerns for Employers

December 2, 2022 Filed Under: Drugs & Alcohol

On October 25, 2022, U.S. professional basketball player Brittney Griner lost her bid in a Russian appeals court to overturn a nine-year sentence for attempting to smuggle illegal drugs into Russia. According to reports, Griner, a Women’s National Basketball Association star and two-time Olympic gold medalist, was arrested at a

Littler World Cup Matchups Part 4: Drug and Alcohol Testing

November 25, 2022 Filed Under: Drugs & Alcohol

Littler

Over the course of the World Cup, we have been publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. Parts One and Two of this series examined timeouts (vacation) and sick leave entitlements.

Voters in Two States Approve Marijuana Ballot Initiatives on Election Day 2022

November 11, 2022 Filed Under: Drugs & Alcohol

Jackson Lewis

Voters in Maryland and Missouri approved laws to legalize recreational marijuana on Election Day 2022.  Recreational marijuana ballot initiatives did not pass in Arkansas, North Dakota and South Dakota.

Maryland

Maryland voters approved a state constitutional amendment that will allow the use of cannabis by anyone over the age of

Walmart Named in Legal Cannabis Class Action Suit for Retaliating Against Employees

September 23, 2022 Filed Under: Drugs & Alcohol

Cannabis use has been legalized in 19 different states, so far. In New Jersey, state legislation has been passed to ensure employees who engage with cannabis recreationally are not penalized in the workplace. Still, many employees are subject to drug tests that continue to identify the presence of marijuana,

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