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Labor & Employment | DATWA Turns 30!
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Labor & Employment | DATWA Turns 30!

When: Tuesday, October 3
12:00 p.m. - 1:00 p.m.
Where: HCBA Office
600 Nicollet Mall
Suite 390
Minneapolis, Minnesota  55402
United States
Contact: Sarah Mayer

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Labor & Employment
DATWA Turns 30!

Thirty years after it was enacted, Minnesota’s Drug and Alcohol Testing in the Workplace Act (“DATWA”) continues to confound employers and attorneys. The requirements of this statute are complicated, and the risks of non-compliance are steep. Potential damages include actual damages, reinstatement, emotional distress damages, punitive damages, and attorneys’ fees. A number of recent court decisions have made this law even more troublesome. The authors each have over 20 years of experience defending employers in DATWA litigation and drafting compliant policies. This seminar will discuss the basic requirements of the law; the most common traps for employers; recent court decisions, and best practices for compliance.  Specific issues include preemption and interaction with federal law; new OSHA requirements; medical cannabis; the Vikings DATWA litigation; Olson v. Push and application of DATWA outside of Minnesota; drug testing in light of the opioid epidemic; and what to do about dilute samples. The authors will also discuss efforts to amend the statute.

1.0 Standard MBCLE credit applied for

Craig W. Trepanier, Shareholder at Trepanier MacGillis Battina P.A.; V. John Ella, Shareholder at Trepanier MacGillis Battina P.A.


*Speakers and credits may be subject to change.
*Cancellations must be received 7 days prior to the event in order to be eligible for a refund. The cost of materials will be deducted from total amount of the refund. Those registering for an event fewer than 7 days prior to the event will be ineligible for a refund.