Red and Watery Eyes, Slurred Speech, Dorito Crumbs and Other Red Flags: New Legal Challenges to Drug and Alcohol Testing

2015 Employment Law & Legislative Conference
This session will review trends in drug and alcohol testing, and identify steps you can take to keep you workplace safe.

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.


Date(s) & Time(s): 
Tuesday, March 24, 2015 - 9:15am to 10:45am

James Reidy, Esq.

Reidy, Esq.

Attorney James P. (“Jim”) Reidy is a shareholder at Sheehan Phinney Bass & Green, PA in Manchester, NH where he is the chair of the firm’s Labor and Employment Practice Group.  He earned his B.A. from Assumption College in 1980, his M.P.A. from Northeastern University, and his J.D. , cum laude, from New England School of Law in 1989. He has extensive experience handling matters before the NH Department of Labor, the NH Commission for Human Rights, the U.S. Equal Employment Opportunity Commission, and the U.S. Department of Labor. Jim is admitted to practice in New Hampshire, Massachusetts and before the First Circuit Court of Appeals. He is a member of the American Bar Association and the NHBA’s Labor and Employment Law Section. Jim is the Manchester (NH) Area Human Resource Association V.P. of Legal and Legislative Affairs, former Legislative Affairs V.P. for the NH State (HR) Council, member of the NH Business and Industry Association (BIA), chair of the NH High Tech Council’s HR Exchange, moderator of NHLABORNET, and the editor of the ECN publication, The New England Employment Law Newsletter. Jim writes, lectures, and presents seminars on a wide range of employment law topics. He has 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, WMUR, 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 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 several years. Best Lawyers USA named Jim the 2022 Lawyer of the Year for Labor and Employment Law (Manchester) and the NH Business Review named him one of the top 200 most influential business leaders in New Hampshire. He is also a member of the SHRM Speakers Bureau. For several years Jim has been a presenter on various labor and employment topics at SHRM’s DC and Annual conferences.

Mount Vernon Square
Amount of Credit: 
Credit Type: 
HR Credit
Session Type: 
Concurrent Session
HR Expertise
Business Acumen
Intended Audience: 
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