As the California legislative session ended, several employment-related bills were sent to Governor Gavin Newsom for a signature by September 30.

As of September 27, 2022, three—including a measure that would prohibit employers from discriminating against a person based on their use of cannabis off the job, another that established a Fast Food Council to create a bill of rights for fast-food workers, and a third that expands reporting related to pay data—have already been signed into law.

• Protection for cannabis use: Pursuant to Assembly Bill 2188, signed by Gov. Newsom on September 18, employers are now prohibited from discriminating against a person in hiring, termination or any term or condition of employment based on a person’s use of cannabis off the job and away from the workplace—with an exception for preemployment drug testing—or an employer-required drug screening that found the individual to have nonpsychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids. Employers may still decline to hire an applicant based on a positive preemployment drug test, as long as the screening is scientifically valid and conducted through methods that do not screen for nonpsychoactive cannabis metabolites. Further, the new law does not provide employees with permission to possess, use or be impaired by cannabis on the job, and employers may still operate a drug- and alcohol-free workplace. AB 2188 does not preempt state or federal laws that require...

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