Washington State’s New Pre-Employment Drug Testing Law: What employers need to know regarding off-duty marijuana use

Sherry L. Talton | Ogletree Deakins

Sherry L. Talton is a shareholder in the Seattle office of Ogletree Deakins, representing local and national employers in litigation in state and federal courts of all levels and governmental agencies including the EEOC and its state counterparts. From the outset of a dispute, Sherry works with clients to develop a strategy that leads to successful resolutions.

Sherry also helps employers avoid litigation by addressing day-to-day workplace issues proactively. She uses her litigation experience to work closely with clients across all industries to provide effective preventative counseling. This includes regularly advising clients on disability and leave management, performance challenges, hiring, diversity, wage-hour compliance, drug testing, background checks, non-competition agreements, trade secret protections, employment contracts, discipline, terminations, and layoffs.

Sherry is an experienced management and workforce trainer whose courses are accessible, dynamic, and interactive. Sherry’s credentials make her a go-to resource for high-level workplace investigations for private and municipal employers.

In law school, Sherry was an associate editor for The Review of Litigation. In graduate school, Sherry taught undergraduate writing courses and served as student director of the Northwestern State University of Louisiana Writing Center. As an undergraduate, Sherry was a member of the 1993 National CEDA Collegiate Debate Championship Team.

Tina M. Maiolo | Carr Maloney P.C.

Tina Maiolo partners with clients to operate, grow and excel in their businesses. She partners with her clients to assist them on a day-to-day basis with routine employment decisions, but also leads her team in litigation of employment and labor matters, business immigration, civil rights issues, contracts, and all types of business law and commercial litigation. Tina serves many clients as general counsel on employment matters. Her practice extends throughout all types of industries, both for and not-for profit, and companies of all sizes.

Tina is also the Firm’s Diversity and Inclusion Committee Co-chair. She serves as the corporate secretary and member of the Board of Directors for both Casa Italiana Language School (CILS) and Casa Italiana Sociocultural Center (CISC) in Washington, D.C. CILS promotes the Italian language through Italian language classes, cooking classes and ceramic classes. CISC promotes, preserves and cares for programs and cultural activities of the Italian American community and presents the best of Italian culture to the larger society through diverse events such as concerts, conferences, art and crafts shows and other social gatherings. CISC is also establishing the Italian American Museum in D.C. (IAMDC), to preserve and share the contributions that Italians and Italian-American have made in our Nation’s Capital.

Session I – What Employers Need to Know about Washington State’s New Pre-Employment Drug Testing Law | 12:00pm – 1:00pm

• Purpose of the law | 12:00pm – 12:15pm
• Employers covered by the new law | 12:15pm – 12:30pm
• What employers can and cannot do about off-duty marijuana use | 12:30pm – 12:45pm
• Steps employers should take for compliance | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

Session II – Legal Safeguards for Job Seekers: Addressing off-duty cannabis consumption | 1:10pm – 2:10pm

• The current status of state and federal laws regarding pre-employment and random drug testing | 1:10pm – 1:30pm
  • States that ban pre-employment testing for THC
  • States that allow pre-employment testing for THC
  • The role of the federal Drug Free Workplace Act
  • Exemptions to the bans on pre-employment testing for THC
• Striking a balance between employee protections for legal off-duty cannabis use and a safe, drug-free workplace | 1:30pm – 1:50pm
  • Short-comings of current tests for THC
  • Reasonable-suspicion for on-duty intoxication
• Questions employers should be asking themselves in jurisdictions with legalized cannabis use | 1:50pm – 2:10pm