Legal Advice for Employer Drug Testing — 56 results
Written by attorney John Gallagher, about 3 years ago.
IS IT POSSIBLE I AM ENTITLED TO OVERTIME EVEN THOUGH MY EMPLOYER SAYS I AM A BONA FIDE EXECUTIVE?
Many, many employers misclassify their employees as being exempt from overtime, when in... more
Written by attorney Timothy R. Miley, 1 day ago.
The Federal Motor Carrier Safety Administration (FMCSA) lays out the rules and guidelines for post-accident truck driver tests. The rules regarding drug and alcohol testing for truckers... more
Written by attorney Robert F. Goings, 6 months ago.
Many trucking accidents happen because the driver is impaired or driving under the influence of drugs. A trucking company or motor carrier is required to perform a drug test on a driver or... more
Written by attorney Michael R. Cohen, almost 3 years ago.
The short answer, they can test for whatever they want. The State will first test for alcohol because it is the fastest and easiest substance to test for. If the results show that your BAC... more
Written by attorney Elizabeth Ison, almost 3 years ago.
The U.S. Supreme Courts decision in Ricci v. DeStefano, 129 S. Ct. 2658 (2009), attempts to answer the difficult question of whether an employer may intentionally discriminate against... more
Written by attorney K Dawn Atkin, about 1 year ago.
For workers compensation coverage the injured worker must prove two things:1. Medical causation is a written medical record which states that an accident, activity or exposure at work... more
Written by attorney Jon Jackson, about 6 years ago.
Short Hearings, Disqualifications, Fast Appeals If athletes test positive, they must appear within 24 hours at an IOC disciplinary hearing. Failing to show up for tests can lead to... more
Written by attorney Andres Rivera-Ortiz, about 5 years ago.
What is the EPPA? Every year thousands of employees are asked to take a polygraph test. Unfortunately, most of them do not have a legal representative, and do not know their legal rights.... more
Written by attorney Scott M. Behren, over 4 years ago.
In some instances, an employee may have a drug or alcohol addiction. The question is whether or not these drug and alcohol addictions are protected disabilities under the ADA.
The answer... more
Written by attorney Matthew Donaldson, almost 2 years ago.
42 USCA 423(d)(2)(c)(2) Can beDistinguished
There are two common misunderstandings about the prohibition on considering alcoholism and drug addiction as disabling impairments. One is that... more