Law Moves Forward to Protect Workers from Punishment for Off-the-Clock Cannabis Use In CA

The California state legislature has passed a bill that would protect employees from being penalized for failing a drug test for cannabis. The bill still allows employers to penalize employees for failing other types of drug tests, such as saliva tests, that are meant to determine whether someone is currently under the influence of drugs. Cannabis is legal for adult use in California.

 

The measure has moved next to Governor Gavin Newsom, who has until the end of September to decide whether to sign it into law. If approved, it would take effect on January 1, 2024.

 

In a letter to lawmakers, the California Chamber of Commerce opposed the bill, saying that it would “create a protected status for marijuana use” in state law. The Chamber argued that this would be in conflict with the federal prohibition on marijuana and could lead to employers being sued for firing employees who tested positive for marijuana.

 

The article discusses the recent changes to the Drug-Free Workplace Act, which will now exclude certain employees from its provisions. These exclusions include employees who work in building and construction trades, federal contractors, and employees who receive federal funding, as well as federal licensees who are required to maintain drug-free workplaces. The reasoning behind these exclusions is that these employees are already subject to other drug-testing requirements.

 

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