"Undue hardship" defense is likely to become tougher.

The impact on most employers should be minimal.

The court punted.

Biden promises a nominee by end of February.

Another chapter in a continuing saga.

A national database of truck drivers who have failed drug or alcohol tests, or refused to take them, will soon be a reality.

That’s according to Juan Moya, Program Manager for the Drug and Alcohol Program of the Federal Motor Carrier Safety Administration, who spoke this week at a conference of the Substance Abuse Program Administrators Association. Mr. Moya said that the ...

I admit it.  I have a crush on Justice Thomas.  Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing party” in a Title VII case – would make any employment defense lawyer’s heart skip a beat.

But the majority opinion is not what caused me to ...

The U.S. Federal Motor Carrier Safety Administration of the Department of Transportation announced yesterday that it is reducing by half the minimum percentage of drivers who must be randomly tested for controlled substances.

The change will take effect January 1.

Currently, employers are required to test at least 50 percent of their average number of commercial motor vehicle ...

David Smith of Constangy’s OSHA practice group is co-author of this post.

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation.

ROBIN’S NOTE: I am happy to feature as a guest blogger today Tommy Eden from Constangy’s offices in Opelika, Alabama, and West Point, Georgia. Tommy drafts DOT and state-specific drug testing policies for clients nationwide, and he serves on the Board of the Substance Abuse Program Administrators Association.

Motor carriers have always taken drug abuse seriously, but they have ...