The 2022 California Legislative year resulted in a number of new laws affecting California employer practices. This Alert summarizes key new laws that have either recently taken effect or will go into effect on January 1, 2023, as well as recent court decisions impacting wage and hour practices and requirements. Companies should work with legal counsel to assess the best approach for complying with these new developments.
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Part 1: FEHA Expansion and Updated Leave Laws
2023 Laws Enacted Related to FEHA |
| Expansion of Protected Categories under FEHA AB 2188: Government Code § 12954 (amended) Beginning January 1, 2024, employers will be prohibited from discriminating against applicants and employees based on their off-duty use of cannabis away from the workplace. The new law also prohibits discrimination based on an employer-required drug screening test that detects nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. According to the Legislature’s findings, once the chemical in cannabis that causes impairment is metabolized, it’s stored in the body as nonpsychoactive cannabis metabolites. Based on the Legislature’s findings, such metabolites indicate only that the individual has consumed cannabis in the last few weeks but do not cause impairment. The bill contains exceptions for employees in the building and construction trades and applicants and employees hired for positions that require a federal government background... |
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