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Try CasePortal for FreeJ. Menendez denies the employer's motion for partial summary judgment and grants the employee's motion for partial summary judgment, finding that the employer is liable for a violation of Minnesota's Drug and Alcohol Testing in the Workplace Act. The employee's claims against her employer, stemming from her termination from a job at a nuclear facility because of a failed drug test, are not preempted by the Atomic Energy Act or other federal law since the state laws under which she brings her claims were not enacted for purposes of nuclear safety and the employer has not established that applying the DATWA would effect the nuclear licensee the employer was contracted by. The employer has also not sufficiently raised questions of material fact as to whether it terminated the employee because of a positive drug test result.