FMCSA Announces Random Testing Enforcement Discretion due to COVID-19 Pandemic
Aware of continued operational disruptions caused by the COVID-19 public health emergency, the Department of Transportation (DOT) Federal Motor Carrier Administration (FMCSA) recognizes that employers may face difficulties complying with certain testing requirements associated with 49 CFR Part 382. Read More
Pennsylvania State Court Dismisses Student Discrimination Complaint Regarding Terms of Mandatory Drug Testing
A PA court denied a registered nursing student's claim requesting exemption from a Pennsylvania-based community college drug testing requirement due to her medical issues for which she was prescribed medical marijuana. Read More
Arbitration Award Appealed in Case Involving Positive Drug Test
After an arbitrator ruled that a wholesale beverage company did not have just cause for terminating a union-affiliated driver who produced drug test results positive for cocaine, the wholesaler appealed the decision to federal court. Read More
Missouri Employer Meets Burden of Proof in Arbitration Involving Termination of Employment
An arbitrator determined that Virbac Corporation, a Missouri-based manufacturer of animal pharmaceuticals, had just cause to terminate an employee who tested positive for marijuana as part of a return-to-duty physical. Read More
Disability Discrimination Claim Dismissed in Case Involving Failed Pre-Employment Drug Test
A California federal court upheld an employer's decision to not hire an applicant whose pre-employment drug test included a positive result for marijuana. Read More