Many employers are contemplating returning their workforces to physical, brick-and-mortar work sites and are taking the opportunity to revisit workplace policies. All employers should consider how returning to in-person work will affect employee safety across the board and should plan accordingly,…
Rhode Island Court Upholds Termination of Medical Marijuana User for Refusing a Reasonable Suspicion Drug Test
The Rhode Island Supreme Court recently affirmed dismissal of an employee’s lawsuit, Colpitts v. W.B. Mason Co. Inc., against his former employer after it terminated him for refusing to submit to a reasonable suspicion drug test, even though his “bizarre” behavior could have been attributed…
California Requires Employers to Compensate Employees for Time Spent Obtaining a Covid-19 Test or Vaccination
The California Department of Industrial Relations recently updated its “Guide to Covid-19 Related Frequently Asked Questions” to include wage and hour issues arising out of employer-mandated Covid-19 tests or…
Excusing False Positive Drug Test Caused by CBD Use May Be a Reasonable Accommodation, Says U.S. District Court in Louisiana
In Huber v. Blue Cross & Blue Shield of Florida Inc., a federal district court in Louisiana recently denied an employer’s motion for summary judgment in an Americans With Disabilities Act and Louisiana Employment Discrimination Law case, finding, among other things, that accounting for and…
EEOC Says Collecting Family Members’ Covid-19 Test Results Violates GINA
The U.S. Equal Employment Opportunity Commission entered into a conciliation agreement with a Florida-based dermatology practice on July 6 for violating the Genetic Information Non-Discrimination Act. An investigation by the agency determined that the practice had been collecting the Covid-19 test…
Court Upholds Firing of Marijuana Cardholders Discharged After Positive Weed Test
In Prinsen et al v. Domtar A.W. LLC, an Arkansas federal court upheld the discharge of two employees for positive marijuana tests. The employees claimed the employer paper mill had unlawfully discriminated against them based upon their protected status as medical marijuana patients. The…
Washington Supreme Court Explains Independent Contractor Test Under the State’s Minimum Wage Act
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Employee’s Discharge for Refusing Drug Test Did Not Constitute Retaliation
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Hiring Test Risks and Rewards for 2014
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NLRB Extends Weingarten Right of Union Representation to Drug and Alcohol Test Situations
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