Executive Summary
Overview: The United States Court of Appeals for the Eighth Circuit recently ruled, in Olson v. Push, Inc., that multistate employers with operations in Minnesota are required to comply with the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA), even at their non-Minnesota locations. Specifically, DATWA coverage is now extended to include any applicant or employee who: (1) is an employee or applicant of an employer operating in Minnesota, regardless of whether the actual or desired employment is located out-of-state; and (2) has “significant contacts” with Minnesota.
Coverage: Multistate employers doing business in Minnesota.
Action Required: Contact your ADP Human Resources Business Partner if you have any questions regarding this update.
The Details
Plaintiff Shawn Olson, a resident of Minnesota, was recruited by a Push representative and offered a job in West Virginia. Olson accepted the job, underwent a pre-employment drug test at a Minnesota clinic, and began working for Push in West Virginia three days later. Five days after Olson began working, he was notified that the sample he provided was too diluted to test. Pursuant to Push policy, a diluted result is the equivalent of a positive test result. Push terminated Olson’s employment, and Olson sued Push, claiming that his termination violated the DATWA because he was not offered rehabilitation after a first positive test result. The court agreed.
The court ruled that the DATWA should be construed liberally in favor of the remedies it provides, and it reasoned that the DATWA’s broad definition of ‘employer’—a person or entity located or doing business in Minnesota and having one or more employees—clearly and unambiguously includes all entities doing business in Minnesota. According to the court, “the legislature drafted [the] DATWA broadly to encompass all employers that are located in Minnesota, and all employers that conduct business in Minnesota.”
Practical Impact – Compliance Recommendations
It is anticipated that the DATWA will apply to, at the very least: (1) applicants residing in Minnesota who are applying for positions located out-of-state (regardless of whether the position would require the applicant relocate); (2) employees residing in Minnesota but working in a neighboring state; (3) employees residing and working out-of-state but who, as a part of their job duties, travel regularly to Minnesota; and (4) employees working in Minnesota part-time. Multistate employers doing business in Minnesota can no longer assume the DATWA will not apply outside of Minnesota. As a practical matter, employers should familiarize themselves with the circumstances under when the DATWA may apply, assess whether it, in fact, applies in each such case, and ensure compliance when appropriate.
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This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.