[co-author: Carletta Sanders]
California Governor Gavin Newsom recently signed into law a number of new bills impacting employers operating in California, who must remain vigilant with these developments as they are quickly going forward. Below are the key changes that California Employers need to be aware of:
Cannabis Testing Prohibitions: AB 2188 amends the California Fair Employment and Housing Act as of January 1, 2024 to prohibit employers from taking action against an employee or applicant on the basis of either (1) the use of cannabis off the job and away from the workplace, or (2) a drug screen that identifies “nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.” (Employers can, however, continue to discipline employees “based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.”) However, the bill specifically excludes certain employees and applicants from coverage, including those in the building and construction trade and those requiring a federal background investigation or security clearance.
Job Posting Pay Disclosures, Pay Data Reporting, and Requests for Pay Scale Data: SB 1162 includes several new obligations, each of which become effective January 1, 2023. First, it requires employers with 15 or more employees to include the pay scale for a position in any job posting, and requires employers of all sizes to maintain records of each...
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