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The federal scheme for drug testing of transportation employees does not pre-empt a state common-law cause of action brought for a false positive drug test, a federal judge in New York has ruled. On an issue that has divided circuit courts, the judge found that pre-emption language of the Federal Omnibus Transportation Employee Testing Act (OTETA) makes clear that the federal government intended only to prevent state or local law from interfering with its drug testing regime.
November 24, 2003 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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