News & Analysis as of

California Fair Employment and Housing Act Drug Testing

Farella Braun + Martel LLP

Navigating Cannabis in the Workplace: A Guide for California Corporations

The landscape surrounding cannabis in the workplace is rapidly evolving, posing challenges for California corporations and businesses to establish effective policies and procedures. As the use of cannabis, both medical and...more

Paul Hastings LLP

Get Ready California Employers! A Wave Of New Employment Laws Set To Kick In Next Year.

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Another New Year means another flurry of new laws for California employers. Indeed, Governor Newsom had another busy October, signing over a dozen employee-friendly bills touching everything from cannabis use to workplace...more

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

California Expands Marijuana Employment Antidiscrimination Law

On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, expanding California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with...more

Jackson Lewis P.C.

California Bans Inquiries About Applicant Cannabis Use

Jackson Lewis P.C. on

On October 7, 2023, Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding...more

Seyfarth Shaw LLP

Method and Madness Behind New California and Washington Cannabis Laws

Seyfarth Shaw LLP on

On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more

Perkins Coie

California To Protect Employee Off-Duty Cannabis Use Effective 2024

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California Governor Gavin Newsom signed Assembly Bill 2188 (AB 2188) into law on September 18, 2022. AB 2188 will amend the state’s employment anti-discrimination law, the Fair Employment and Housing Act (FEHA), and make it...more

Sheppard Mullin Richter & Hampton LLP

California Expands Employees’ Right to Off-Duty Cannabis Use

Beginning January 1, 2024, and following the passage of Assembly Bill 2188, the California Fair Employment and Housing Act (FEHA) will add employee protections against discrimination based on off-the-job cannabis use with a...more

ArentFox Schiff

California Bans Employment Discrimination For Marijuana Use

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California has enacted legislation broadly protecting employees from discrimination for the use of marijuana, which has been legal in the state since 2016. Governor Newsom signed Assembly Bill 1288 into law. It generally...more

Stokes Wagner

Protecting Cannabis Users - Don’t let Outdated Drug Screening Policies be the Smoking Gun in a Discrimination Case Against Your...

Stokes Wagner on

California’s Fair Employment and Housing Act prohibits employment discrimination based on certain protected classes and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices....more

Weintraub Tobin

New Cannabis Discrimination Protections Coming to a California Workplace in 2024

Weintraub Tobin on

On September 18, 2022, the Governor approved AB 2188, which amends the California Fair Employment and Housing Act (FEHA), California’s employment antidiscrimination law....more

Fox Rothschild LLP

California “Rolls Out” More Protections For Weed At Work

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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

Sheppard Mullin Richter & Hampton LLP

California Expands FEHA to Include Off The Job Cannabis Use

Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more

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

California Passes Bill Protecting Employees’ Off-Duty Marijuana Use

​​​​​​​California employers may soon be barred from discharging employees or refusing to hire individuals based on their off-duty use of marijuana, under a new bill headed to the governor’s desk. On August 30, 2022, the...more

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

California Bill Proposes to Prohibit Employment Discrimination Against Marijuana Users

A bill recently introduced in the California Assembly proposes to prohibit discrimination against employees who use cannabis off the job. The legislation, Assembly Bill (AB) No. 2188, would amend California’s employment...more

Proskauer - California Employment Law

Federal Court in California Greenlights Drug Testing of Job Applicants

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

Fox Rothschild LLP

The Must Have Fox Rothschild Guide To Doing Business In California (And It Is Free!)

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Getting ready to reopen in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how they differ...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

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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

Epstein Becker & Green

Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended

Epstein Becker & Green on

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into November 2019. The episode includes: 1. New California Law Arguably Preempted by FAA California has passed...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

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

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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