Red and Watery Eyes, Slurred Speech, Dorito Crumbs and Other Red Flags: New Legal Challenges to Drug and Alcohol Testing
With the legalization of recreation use of marijuana in two states, the move to decriminalize marijuana in other states, and the wide-spread acceptance of medical marijuana, we are faced with new challenges with regard to drug-testing and enforcing workplace safety policies. Additionally, the misuse of prescription drugs and alcohol continue to account for workplace accidents and injuries as well as attendance and job performance problems. Federal and state discrimination and privacy laws can shield medication information from employers who are already worried about "perceived as disabled" and other claims. This session will survey the current state of the law, review workplace trends with drug and alcohol testing and identify legal pitfalls to avoid and affirmative steps you can still take to keep their workplace safe and functioning properly.
James Reidy, Esq.
Attorney James P. (“Jim”) Reidy is a management-side labor and employment lawyer. He is a partner in the New England based law firm, Sheehan Phinney Bass & Green, PA, where he is the Chair of the firm’s Labor and Employment group. His practice focuses on prevention, training and compliance but he also handles matters when claims arise.
He has more than 35 years of experience in the field and been a media resource on workplace law for media outlets including CNN, The Washington Post, The Wall Street Journal, The New York Times Business Magazine, Bloomberg, NPR, The Associated Press, NPR Market Place, Buzz Feed, Law 360, Inc. Magazine, The HR Power Hour, HR Breakroom, SKI Magazine and HR Magazine as well as several local/regional publications.
In 2020 Jim was inducted as a Fellow in the College of Labor and Employment Lawyers.
Chambers USA and New England Super Lawyers have ranked Jim in the Top Tier of management-side employment lawyers for each year of the last 15 years. Best Lawyers USA named Jim the 2022 Lawyer of the Year for Labor and Employment Law (Manchester, NH) and the NH Business Review named him one of the top 200 most influential business leaders in New Hampshire.
Jim has been a presenter regularly at SHRM’s Legal and Legislative Conference in Washington, DC as well as SHRM’s annual conferences.