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Medical Marijuana › California Fair Employment and Housing Act

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
Orrick, Herrington & Sutcliffe LLP

Cannabis and the Workplace in California: AB 2188

Orrick, Herrington & Sutcliffe LLP on

As many states have legalized medical and recreational cannabis use, state employment laws relating to marijuana use have also evolved. California now joins a growing list of states and cities that protect employees and...more

Littler

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Littler on

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more

CDF Labor Law LLP

A New California Bill Will Protect Employees' Ability to Use Marijuana Off-the-Clock

CDF Labor Law LLP on

In 2016, California legalized the recreational use of marijuana. Marijuana remains illegal at the federal level and is considered a Schedule 1 drug. However, California’s legalization of recreational marijuana created issues...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Latest in Multi-Jurisdictional Marijuana Compliance

Ogletree, Deakins, Nash, Smoak & Stewart,... on

​​​​​​​Legalization of medical and recreational marijuana use continues to spread across the United States despite the drug remaining a Schedule I controlled substance under federal law. This comes as respondents to Ogletree...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q1 2022

Faegre Drinker Biddle & Reath LLP on

The first quarter of 2022 continued the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of...more

Proskauer - California Employment Law

Federal Court in California Greenlights Drug Testing of Job Applicants

Proskauer - California Employment Law on

A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test.  Espindola v. Wismettac...more

Jackson Lewis P.C.

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

Jackson Lewis P.C. on

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

Seyfarth Shaw LLP

California (Yet Again) Considers Legislation Regulating Employer Consideration of Marijuana Use

Seyfarth Shaw LLP on

Marijuana remains a Schedule I drug under the federal Controlled Substances Act. However, more and more states and localities are either enacting marijuana laws with express employment protections or resolving court cases in...more

Seyfarth Shaw LLP

California Employment Legislative Update: Time for Governor Newsom to Get to Work

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of...more

Jackson Lewis P.C.

Mary Jane And The Remote Workplace

Jackson Lewis P.C. on

As shelter in place orders were rolled out in California, many businesses transitioned their workforce to remote work for the first time. Employers had to determine how to track hours worked or what qualified as a business...more

Seyfarth Shaw LLP

California Assembly (Again) Considers Bill Requiring Employers to Accommodate Medical Cannabis Use

Seyfarth Shaw LLP on

Marijuana (cannabis) remains a Schedule I drug under the federal Controlled Substances Act. And, more than a decade ago, the California Supreme Court held in Ross v. RagingWire Telecomm., Inc., that employers have the right...more

Greenberg Glusker LLP

California Haze: Confusion Around Employee Use of Legalized Marijuana

Greenberg Glusker LLP on

What is the Law? - California legalized medical use of marijuana in 1996. California then legalized the recreational use of marijuana in 2016. California disability related laws, the Fair Employment Housing Act and CA...more

Weintraub Tobin

Medical Cannabis Users May Soon Be Protected Under FEHA – AB 2069

Weintraub Tobin on

Assembly Bill (“AB”) 2069 was introduced by the California Assembly on February 7, 2018. Currently, California employers can deny employment or impose discipline on cannabis users, regardless of whether such use is for...more

Fisher Phillips

Your Comprehensive Guide to 2018 Proposed California Legislation

Fisher Phillips on

February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Seyfarth Shaw LLP

Not Up In Smoke: Employers Can Still Enforce Drug Policies

Seyfarth Shaw LLP on

Seyfarth Synopsis: California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2016

Manatt, Phelps & Phillips, LLP on

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

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