Williams v. United Parcel Service, Inc.

McCONNELL, Circuit Judge.

This case requires us to determine the boundary between state statutes that regulate employee drug testing, such as Oklahoma’s Standards for Workplace Drug and Alcohol Testing Act (“ODTA”), and federal statutes that mandate drug testing of cer tain employees. Oklahoma’s drug testing statute exempts from its procedural standards “[d]rug or alcohol testing required by and conducted pursuant to federal law.” Okla. Stat. tit. 40, § 553(C). We must determine whether the drug test conducted on Clyde Williams, a feeder driver for United Parcel Services, Inc., falls within…