No. 07-6035.

527 F.3d 1135 (2008)

Clyde WILLIAMS, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 4, 2008.

Attorney(s) appearing for the Case

Jan Preece Gaddis, Duncan, OK, for Plaintiff-Appellant.

Christine E. Reinhard, Akin Gump Strauss Hauer & Feld, LLP, San Antonio, TX (Shannon B. Schmoyer, Akin Gump Strauss Hauer & Feld, LLP, San Antonio, TX; Shannon K. Emmons and Douglas M. Todd, Phillips McFall McCaffrey McVay & Murrah, P.C., Oklahoma City, OK, with her on the briefs), for Defendant-Appellee.

Before TACHA, EBEL and McCONNELL, Circuit Judges.

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 certain employees. Oklahoma's drug testing statute exempts from its procedural standards "[d]rug or alcohol testing required by and conducted pursuant to federal...

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