April 21, 2016
The United States Court of Appeals for the Eighth Circuit recently ruled, in Olson v. Push, Inc., that multistate employers with operations in Minnesota are required to comply with the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”), even at their non-Minnesota locations. Specifically, DATWA coverage is now extended to include any applicant or employee who: (1) is an employee or applicant of an employer operating in Minnesota, regardless of whether the actual or desired employment is located out-of-state; and (2) has “significant contacts” with Minnesota.