Florida Construction Law

The Empire State chapter of the Associated Builders and Contractors - a non-union organization - has asked the New York City Council to consider adding mandatory alcohol and drug testing to its slew of construction bills up for consideration. In a letter penned to council speaker Melissa Mark-Viverito and council member Jumaane Williams, Brian Sampson, the group's chapter president, asked the legislators to consider adding the testing provision to Intro. 1447. "As the City Council considers amendments to Int. 1477, we urge you to strengthen the legislation with a provision mandating drug and alcohol testing for all New York City construction workers," Sampson wrote. "This long-overdue mandate would play a crucial role in your efforts to increase construction safety and would undoubtedly save lives in one of the city's most dangerous industries." The letter added that drug and alcohol testing in common in other industries, specifically naming baseball p...

As of the most recent election cycle, 26 states and the District of Columbia have permitted either recreational or medicinal use of marijuana. Contractors and employers will be faced with evaluating their drug policies and must be aware of what the courts have to say about the matter. It’s important to remember that while states have legalized its use, marijuana is still illegal under federal law. This means that contractors working under a government contract or for a federal employer are prohibited from using marijuana in any way – even for medicinal purposes. This counts for both on-site use as well as off-site or at-home use. While federal law makes it clear that an employee who fails a drug test while working under government contract or for a federal employer can be fired by the roofing contractor, the laws vary by state. Two issues up for continued discussion include handling employees who arrive at the job site under the influence of marijuana and the employer’s right to a...