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Dear Littler
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July 19, 2017

Dear Littler: A potential new hire shaved his head after learning about our drug-testing policy. Now what?

We recently offered a position to a candidate. He had a reasonable amount of head hair at the time we offered the job. We require hair testing both for new hires, and for random screenings thereafter. He is now bald. What do we do?

Insight
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July 19, 2017

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s use of medical marijuana.

ASAP
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July 12, 2017

Tennessee Employers Subject to New Obligations to Report Healthcare Practitioners' Confirmed Drug (but not Alcohol) Tests and Test Refusals

A new Tennessee law, effective July 1, 2017, imposes new reporting requirements on healthcare practitioner (HCP) employers.

WPI Report
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June 27, 2017

July Is the New January: Beware of Employment Regulations About to Take Effect

As we close out the first half of the year, July ushers in numerous changes in labor and employment law.

ASAP
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June 23, 2017

OSHA Seeks Feedback on Proposal to Revoke Certain Provisions of Beryllium Rule Applicable to the Construction and Shipyard Sectors

The Occupational Safety and Health Administration (OSHA) is reconsidering portions of a final rule setting standards for occupational exposure to beryllium.

Insight
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June 21, 2017

Texas Passes Ban on Texting While Driving

Texas recently became the 47th state to enact a state-wide ban on texting while driving.

Insight
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June 15, 2017

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

The Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire an applicant because she would potentially fail a pre-employment drug test due to her use of medical marijuana.

Insight
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May 4, 2017

West Virginia Employers Soon to Enjoy Greater Flexibility in Drug Testing Employees, Despite Enactment of Nation’s 29th Medical Marijuana Law

The West Virginia Legislature recently passed two bills that dramatically change the landscape of West Virginia’s laws on medical marijuana use and employee drug testing.

ASAP
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May 1, 2017

OSHA Rights its Course: Only Authorized Union Agents and Employees Can Participate During OSHA Inspections

On April 25, 2017, OSHA reversed its position that during inspections of non-union workplaces, employees could be represented by anyone selected by the employees, including non-representative outside union agents.

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