Seyfarth Synopsis: In a simpler time, courts reviewing medical cannabis laws issued employer-friendly decisions, generally finding no duty to accommodate medical cannabis even when state laws allowed its use for medical purposes. Now, however, the tide is rapidly turning. Where does California employment law currently stand on cannabis? Below we address burning issues regarding accommodations
Drug Testing
Attention California Employers! Cal/OSHA Issues Notice of Emergency Regulation for Electronic Submission of CY 2017 Form 300A by December 31, 2018
By Joshua M. Henderson, Ilana R. Morady, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: CalOSHA published a news release TODAY, on a new emergency regulation for the electronic submission of CY 2017 Form 300A on Occupational Injuries and Illnesses. CalOSHA submitted the rule yesterday, and will allow public comments…
Into the Weeds: Will California Employment Law Protect Medical Marijuana Users?
Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users.
California—already famous (or infamous) as a sanctuary in the immigration area—could soon become a sanctuary for medical marijuana users. A proposed bill would protect medical marijuana users from employment discrimination.
Currently, California employers can deny employment to users of…
Random Drug Tests (Still) Not Advisable In Most California Workplaces
Seyfarth Synopsis: California employers may not require employees to submit to random drug testing, except under very limited circumstances.
California public policy, stated in our Constitution, strongly favors the right of privacy. But employers have their own legitimate interest in maintaining a safe, drug-free work environment. So what’s the blunt truth about random drug…
Marijuana at Work: Testing of (and for) Mary Jane
Seyfarth Synopsis: California voters gave the green light to recreational use of marijuana with the passage of Prop 64. Marijuana users may have felt like they struck Acapulco Gold, but a review of the law on drug testing in the workplace may turn out to be a buzzkill.
When can an employer drug test…