Jan 022014
 
 January 2, 2014  Court, Workplace

Roger S. Kaplan writes:

Considering when a drug test by a public employer may constitute an “unreasonable” search for Fourth Amendment purposes, a U.S. District Court in Florida also has shed light on private sector substance abuse testing that could lack “reasonable suspicion” or “cause.” There was no factual record on which the court relied. Hudson v. City of Riviera Beach, et al., No. 12-80870-civ-Rosenbaum/Hunt (S.D. Fla. Nov. 13, 2013). Since the decision was based on a motion to dismiss the aggrieved employee’s amended complaint, the court’s discussion, summarized below, addressed only the employee’s pleading allegations.

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