Federal Employment Law Articles

HR - Drugs & Alcohol

Articles Discussing Drugs & Alcohol In The Workplace.

For Law Firms

Get your firm featured on ELINFONET

We feature your alerts & events and send the clicks straight to your site.

Become an affiliate

DOJ Orders Immediate Reclassification of Medical Marijuana Products

Ogletree Deakins·

The U.S. Department of Justice (DOJ) has reclassified certain marijuana and marijuana-containing products to Schedule III controlled substances, which recognizes a drug’s potential legitimate medical use, a significant change in federal drug policy that could have implications for employers and work

Acting Attorney General Issues New DEA Order Reclassifying Some Marijuana Products as Schedule III Controlled Substances, Available by Prescription

Littler·

Acting Attorney General Issues New DEA Order Reclassifying Some Marijuana Products as Schedule III Controlled Substances, Available by Prescription With the stroke of a pen, Acting Attorney General Todd Blanche issued a new “ final order ” on April 23, 2026, that reclassifies FDA-approved medication

What Moving Marijuana to Schedule III Means for Your Workplace (Podcast)

Ogletree Deakins·

In this podcast, Tae Phillips (Birmingham) sits down with Jennifer Pacicco (Philadelphia), Andrew Halverson (Lafayette/New Orleans), and Dennis Gardner (Houston) to examine President Trump’s December 2025 executive order directing the potential rescheduling of marijuana from Schedule I to Schedule I

The Evolution of Workplace Drug Testing: What Employers Need to Know for 2026

Ogletree Deakins·

The legal landscape for workplace drug testing is likely to see some significant changes in 2026. This article summarizes the shifts in federal and state policy, continuing and emerging challenges for employers, and what employers can do to be prepared in 2026.

Wait, Is Marijuana Legal? How Trump’s Executive Order on Marijuana May Impact the Workplace

Littler·

Wait, Is Marijuana Legal? How Trump’s Executive Order on Marijuana May Impact the Workplace Just in time for the holidays, President Trump has issued an executive order that will be beloved by the budding marijuana industry: a directive to the U.S. Department of Health and Human Services to begin th

President Trump Signs Executive Order Directing AG to Expedite Marijuana Rescheduling Process

Ogletree Deakins·

On December 18, 2025, President Donald Trump signed an executive order directing the attorney general to reschedule marijuana from a Schedule I to a Schedule III drug. This follows the Biden administration’s initial proposal to do so in April 2024.

Navigating Cannabis Rescheduling: Key Insights for Healthcare

Jackson Lewis P.C.·

Earlier this year, the DEA responded to President Biden’s directive to reschedule cannabis from Schedule I to Schedule III of the Controlled Substances Act. This pivotal change, if finalized, would reclassify marijuana as a drug with moderate to low potential for dependence, strictly for medical use

Microdosing Psilocybin: Popular Drug Has Implications for the Workplace

Littler·

This Insight discusses what psilocybin is, how it is used, and various state and local laws that either decriminalize and/or legalize its use, or make the enforcement of its illegality a low priority. This Insight also addresses some steps employers can take if employees are “microdosing” psilocybin

Department of Justice Publishes Notice of Proposed Rulemaking to Reschedule Marijuana to Schedule III

Jackson Lewis P.C.·

The Department of Justice (DOJ) published a Notice of Proposed Rulemaking to reschedule marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA) in the Federal Register on May 21, 2024. If the rule is finalized, marijuana would be considered a drug with “moderate to l

A Continuing Discussion on the Opioid Epidemic and the Workplace – Part 4

FordHarrison·

Executive Summary: This is Part 4 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated with this epidemic. Our September 7, 2023 Alert (Part 1) addressed how to id

Live from Workplace Horizons 2024 — Episode 1: What Employers Need to Know About Keeping Their Workplace Safe, Drug-Free and Productive

Jackson Lewis P.C.·

Welcome and thank you for joining us for this special edition of We get work™, live from Jackson Lewis’ Workplace Horizons 2024 from the Lotte New York Palace in New York City and the Wynn in Las Vegas. What follows are high level conversations on conference programs and why they were important topi

DOJ Plans to Reclassify Marijuana From Schedule I to Lower-Risk Schedule III Drug

Ogletree Deakins·

On April 30, 2024, following a months-long process, the U.S. Department of Justice (DOJ) circulated a proposal to reclassify marijuana from a Schedule I to a Schedule III controlled substance. This historic move—likely the most substantial change to federal drug policy in more than fifty years—would

Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws

Ogletree Deakins·

With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations.

A Continuing Discussion on the Opioid Epidemic in the Workplace – Part 3

FordHarrison·

Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated with this epidemic. Our September 7, 2023 Alert (Part 1) addressed how to id

Dear Littler: What are the substance use concerns of workplaces past, present, and future?

Littler·

Dear Littler, I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of marijuana, there is to be no pot at the potluck. I figured now was a good

Continuing Discussion on the Opioid Epidemic in the Workplace – Part 2

FordHarrison·

Executive Summary : This is the second of multiple Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our June 12, 2023 Alert outlined the big-picture issues associated with this epidemic. Our September 7, 2023 Alert (Part 1) addressed how to identify a

Caroline Berdzik Shares with Business Insurance the Issues Confronting Employers Regarding Making Naloxone Available in the Workplace

Goldberg Segalla·

This year has seen the federal approval of over-the-counter availability of naloxone — commonly known as brands Narcan and Evzio — which is used to counteract opioid overdoses and considered a lifesaving medication. As such, there is a push for employers to supply naloxone as part of workplace first

Stocking Naloxone in the Workplace: What Employers Need to Consider

Ogletree Deakins·

It is well known that opioid overdoses have occurred at epidemic levels in the United States for years. According to the U.S. Centers for Disease Control and Prevention (CDC), opioid overdose deaths have increased from 21,089 in 2010, to 47,600 in 2017, to more than 80,000 in 2021 and 2022.