the drug evolution and the workplace |
The proverbial sky could fall soon for drug testing and drug policies
By Roger Rabb, J.D.
Since 1970, marijuana has been listed as a Schedule I controlled substance under the Controlled Substances Act, making the possession and usage of marijuana illegal under federal law. Employers have traditionally relied on this classification of marijuana as an illegal drug when setting policies designed to keep workplaces safe and free from drug use. However, the legalization of medical marijuana in some states (20 and counting since 1996, plus the District of Columbia) has placed employers in these states, as well as state legislatures and courts, in a precarious position when trying to fashion and enforce workplace policies in light of a now-muddied legal landscape...read more.
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LARSON'S SPOTLIGHT ON RECENT CASES |
Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.
Iowa: Claim for Bad-Faith Denial Fails When Insurer Had Reasonable Basis for Initial Denial. Acknowledging that Iowa law recognized a common-law cause of action against an insurer for bad-faith denial or delay of insurance benefits...read more.
Texas: Worker Fired for Refusing Drug Test, Not for Contemplating Workers' Comp Claim. A court affirmed summary judgment in favor of a former employer in a retaliatory discharge case filed against it by...read more.
Minnesota: School District Not Entitled to Credit for Benefits Paid Via Government-Service Pension Plan. An industrial arts teacher and volleyball coach, who was awarded PT disability benefits related to a...read more.
DC: Injured Employee May Not Receive Both Comp Disability Benefits and Short-Term Disability Benefits. Contrast the Minnesota decision noted above with that involving an injured D.C. employee who, following a...read more. |