News & Analysis as of

Off-Duty Employees California Drug Testing

Jackson Lewis P.C.

Building an Exemption: California Construction Employers Allowed to Drug Test for Marijuana

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California prohibits employers from discriminating against employees because of off-duty use of marijuana, with some exemptions. One exemption is for “the building and construction trades.” California’s AB 2188 greatly...more

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...more

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Littler on

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more

CDF Labor Law LLP

New Rules For California Employers Testing for Marijuana Use Are Approaching Fast

CDF Labor Law LLP on

California has officially, and for the first time, provided protections for users of recreational marijuana within the employment context. California Assembly Bill (“AB”) 2188, which takes effect on January 1, 2024, amends...more

Mintz

Living the High Life: Separation of Work and Home?

Mintz on

Count California as one of the states that will soon protect the recreational usage of cannabis for employment purposes. Assembly Bill 2188 (“AB 2188”) will prohibit employers from discriminating in hiring, termination, or...more

Stoel Rives - World of Employment

AB 2188 Leaves California Employers' Policies on Marijuana Use up in Smoke

On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law, which prohibits employers from taking any adverse employment action against an employee in conjunction with an employee’s off-duty marijuana use....more

Fox Rothschild LLP

California “Rolls Out” More Protections For Weed At Work

Fox Rothschild LLP on

As widely expected, Governor Newsom signed AB 2188 into law extending FEHA protection to employees who use cannabis while off duty and off-premise. This higher protection for employees who use cannabis will be effective on...more

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