Federal Spotlight: DOL Issues Unemployment Drug Testing Regulations for Comment

The Department of Labor (DOL) is seeking comments on its recently published regulations regarding drug testing for unemployment compensation (UC) applicants. The rulemaking includes a proposed list of occupations the DOL has determined regularly conduct drug testing. The DOL is now putting forward a significantly different and more flexible approach to the statutory requirements than the 2016 rule, enabling states to enact legislation to require drug testing for a larger group of UC applicants than the previous rule permitted. The flexibility is intended to respect the diversity of states’ economies and the different employment drug testing policies. The DOL is accepting comments on or before Jan. 4, 2019. Read the rule or comment on the rule.