On March 21, 2019, the South Carolina Supreme Court answered a certified question that will impact third-party vendors under contract with South Carolina employers to conduct employee drug testing. In Shaw v. Psychemedics Corporation, the court held that drug-testing companies conducting tests on South Carolina employees owe a duty of care to those employees. Under Shaw, an employee may sue a drug testing company for negligence based on the company’s contractual relationship with the employer.
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