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New laws related to cannabis use could affect hiring practices

On Behalf of | Jan 4, 2024 | Employment Litigation |

When considering new employees, those in charge of the hiring process need to be aware of new legislation. California has recently enacted some laws that could affect the hiring process and cause issues for business owners if they are not aware of the changes. These laws, which are related to cannabis use, will regulate how and when employers can use that information when making decisions on hiring or firing employees.  

Details of the new laws 

SB 700 and AB 2188 both went into effect on Jan. 1, 2024. SB 700 amends the California Fair Employment and Housing act by preventing employers from requesting information about a prospective employee’s history of cannabis use. There is an exemption when criminal activity is involved.  

AB 2188 deals with employee cannabis use while they are off the clock. This legislation passed last year but just took effect. Under AB2188, employees are prohibited from penalizing a person during the hiring process or while employed based on the person’s use of cannabis while off the clock and away from the workplace. There are some exceptions to the law. 

Legal help for employers when facing a lawsuit  

Disgruntled employees can find many different reasons to file a lawsuit against a current or former employer. Those who are facing such a lawsuit can benefit from working with a legal team that has knowledge of California’s employment laws. Defending one’s business in court can be costly and time-consuming, but by working with those who are knowledgeable of the laws, one can choose the right path based on the circumstances of the case.  



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