Employers in New York State Cannot Drug Test Most Workers for Marijuana

Written By ESR News Blog Editor Thomas Ahearn The New York Department of Labor (DOL) has published new guidance entitled “Adult Use Cannabis And The Workplace – New York Labor Law 201-D” to address questions related to the Marijuana Regulation and Taxation Act (MRTA) and stated that employers in New York state cannot drug test …

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FMCSA Report Finds Positive Driver Drug Tests Up Nearly 13 Percent

Written By ESR News Blog Editor Thomas Ahearn Data released by the Federal Motor Carrier Safety Administration (FMCSA) gathered from its Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse showed the number of positive driver drug tests through August 2021 increased by nearly 13 percent when compared with a year ago, according to a monthly …

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Amazon Workers that Failed Marijuana Drug Tests Now Eligible for Employment

Written By ESR News Blog Editor Thomas Ahearn On September 21, 2021, Amazon.com – the second largest private employer in the United States – announced in a blog post that the company had “reinstated the employment eligibility for former employees and applicants who were previously terminated or deferred during random or pre-employment marijuana screenings.” The …

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Lawsuits Claim Failed Marijuana Drug Tests Caused by Drinking Detox Tea

Written By ESR News Blog Editor Thomas Ahearn Several people have filed lawsuits claiming that drinking detox tea “ultimately led to them being fired from their jobs” after they failed required employment drug tests by testing positive for Tetrahydrocannabinol (THC), the chemical found in marijuana, according to a report from WSOC-TV Channel 9 in Charlotte, …

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Court Dismisses Lawsuit of Employee Fired for Positive Marijuana Drug Test

Written By ESR News Blog Editor Thomas Ahearn On April 28, 2021, a United States District Court in California dismissed a lawsuit filed by a former employee – Espindola v. Wismettac Asian Foods, Inc., Case 2:20-cv-03702 (C.D. Cal.) – who claimed disability discrimination after he was terminated from his job for testing positive for marijuana …

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Amazon Will No Longer Include Marijuana in Drug Testing of Some Employees

Written By ESR News Blog Editor Thomas Ahearn Amazon – the second largest private employer in the United States – will no longer include marijuana in its comprehensive drug testing program for positions not regulated by the Department of Transportation (DOT), according to a message to U.S. Operations employees from Dave Clark, CEO Worldwide Consumer …

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Marijuana Workforce Drug Test Positivity Rate Continues to Rise in U.S.

Written By ESR News Blog Editor Thomas Ahearn Marijuana workforce drug test positivity continued double-digit increases to keep the overall workforce drug test positivity rates at historically high levels, according to the 2021 Quest Diagnostics Drug Testing Index™ Analysis, the first large-scale national analysis of workforce drug testing during the Coronavirus (COVID-19) pandemic. Based on …

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Philadelphia PA to Prohibit Pre-Employment Drug Testing for Marijuana

Written By ESR News Blog Editor Thomas Ahearn On April 22, 2021, the City Council of Philadelphia, Pennsylvania, approved legislation – Bill No. 200625 – that would make it illegal for employers in the city “to require a prospective employee to submit to testing for the presence of marijuana” before hiring them for a job, …

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New York State Legalizes Recreational Use of Marijuana Away from Workplace

Written By ESR News Blog Editor Thomas Ahearn On March 31, 2021, New York Governor Andrew Cuomo signed into law the Marijuana Regulation and Taxation Act (MRTA) which, effective immediately, legalized the recreational use of marijuana products for adults in the state aged 21 or older, according to a news release on the website of …

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New Jersey Recreational Marijuana Law Affects Workplace Drug Testing

Written By ESR News Blog Editor Thomas Ahearn On February 22, 2021, New Jersey Governor Phil Murphy signed “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA) into law to legalize and regulate marijuana use and possession for adults 21 years and older, according to a press release from the Governor. “Our …

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