Labor & Employment Law

Termination of Employee Upheld For Failure To Report For Drug Test
Not reporting for drug test without submitting documentation showing employee was unable to report constitutes a refusal to submit to drug testing Dep't of Sanitation v. Field, OATH Index No...

Drug Testing of Teachers
The December 8, 2008 National Law Journal had an interesting article entitled Drug Testing Teachers Triggers Legal Battles (registration required). It is about recent challenges to random drug testing of teachers which have been adopted by some Boards of Education...

Wyeth: Did Pristiq Mis-Step Violate ERISA
Madison, NJ: To be an employee, or a former employee of a drug company can serve to be a double-edged sword. While the billions of dollars major drug companies routinely rake in from sales of boffo drugs can have a positive impact on your stock holdings, the opposite can be true when a drug goes off the rails...

Cashed Out Participant is Still a Participant for Breach of Fiduciary Lawsuits
When is comes to litigating over alleged fiduciary breaches, when is a terminated employee no longer a participant. If you think the answer should be as soon as the terminated employee receives a lump sum distribution of their entire account balance, you would be incorrect according to the 1st Circuit Court of Appeals...

Bleg on guns and drug testing:
Do any readers have a cite for Rebecca Peters, the head of the international gun prohibition lobby IANSA, calling for drug testing of gun owners? Any cites for politicians or other...

Why Teacher Drug Testing Should Be Avoided
It is just a nightmare procedurally. You probably haven't been following it, but I am a casual NASCAR fan and my favorite driver growing up was Jeremy Mayfield. A week ago Mayfield was the first big driver to be caught in NASCAR's drug testing scheme...

Employee Lawsuits (An Introduction and Topic Overview)
How employers can cope with the siege of employee lawsuits

Mitchell Report Summary
Report on Steroid Drug Use in Major League Baseball by Senator George Mitchell

Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.

Social Security Class Action Launched
to Reinstate Wrongfully Terminated Payments

Drug Manufacturer Rebates
Caremark Corp. agrees to pay $38.5 million settlement after convincing doctors to switch drug brands.

Tuberculosis Testing:
False Positives

Dirty Needles
Prompt HIV, Hepatitis Testing in Alberta

Undetected Sewage Spill
Prichard Water Works and Sewer Board spends $17 million on upgrades and testing.

Cancer Testing
Dianon Systems Inc. pays $1.5 million whistleblower settlement after billing for medically unnecessary tests.