Drugs in the Workplace: Weeding Out The Complexities of State and Federal Interactions Including the ADA

Wednesday 3:00 – 4:00 PM

Session Description

The legalization of medical marijuana in numerous states has caused a rift between certain states’ laws and federal law. What is an employer’s obligations in a state where medical marijuana is legal and the employee tests positive for marijuana during a drug screen? How does an employer address employees with medical marijuana prescriptions and enter into the interactive process under the ADA? In this session we will address these and other issues related to the use of illegal and legal substances by employees, policies and practices employers should consider to address these issues, and how employers can properly comply with applicable state and federal laws to avoid litigation.

Erin Schilling, JD

Erin Schilling provides advice, counsel, and peace of mind so that employers can focus on what they do best – operating their businesses. Robert Hingula primarily focuses his practice on trial and counseling work involving labor and employment law. Most recently, he has devoted a significant amount of his practice to representing employers in various industries in collective actions brought pursuant to the Fair Labor Standards Act. As part of his representation, Robert has advised and assisted clients with restructuring their compensation policies to comply with state and federal wage and hour laws. Some of the industries he has represented and counseled in wage and hour issues include financial institutions, mortgage companies, cable installation companies, waste and disposal companies, medical facilities, maintenance companies, and educational institutions.

She draws on prior experience in the human resources field to provide training and advice to employers on compliance with various state and federal statutes, including Title VII, the Fair Labor Standards Act, affirmative action laws, and, in particular, leave issues concerning the Family Medical Leave Act and the Americans with Disabilities Act. In addition, Erin oversees the preparation of affirmative action plans and has successfully defended clients in Department of Labor compliance reviews.

Erin also represents employers in state court, federal court, and before state and federal agencies, defending clients against allegations of sexual harassment, retaliation, and breach of contract, as well as discrimination claims including age, race, disability, religion, national origin, and sex discrimination.



Robert Hingula
Robert routinely counsels and represents school districts through various employment and education law issues, including due process hearings, student discipline procedures, implementation of district-wide policies, and grievances. He has successfully defended districts in arbitrations brought by teachers challenging the districts’ decision to terminate their employment. Robert also routinely provides training to district employees regarding various employment practices, and has assisted districts in properly investigating employee and student complaints regarding various issues including discipline, harassment/bullying, discrimination, and statutory compliance.

In addition to his background in wage and hour law and the education realm, Robert has experience defending employers in both state and federal court and before state and federal agencies against allegations of sexual harassment, retaliation, wrongful discharge, and discrimination claims including age, race, disability, religious, and sex discrimination. He also advises employers on compliance with various state and federal statutes including the Uniformed Services Employment and Reemployment Rights Act, the Family Medical Leave Act, and the Fair Labor Standards Act. Robert has represented employers and employees in several cases involving non-compete covenants and non-solicitation agreements.