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At Mehtani Law Offices, P.C., our Beverly Hills employment law attorneys keep our fingers on the pulse of California employee protections so we can enforce our clients’ rights when they are violated in any capacity.

Starting January 1, 2024, that includes protections for users of recreational marijuana within the employment context.

California Assembly Bill 2188 Expands Workplace Rights for Employees

Workplace Rights

California Assembly Bill 2188 (AB 2188) amends the Fair Employment and Housing Act (FEHA), making it unlawful for an employer to:

  • Discriminate against an applicant or employee for using marijuana “off the job and away from the workplace.”
  • Discriminate against an applicant or employee for an employer-required drug screening test that finds the person to have non-psychoactive cannabis metabolites (components that are stored in the body after the THC is metabolized and indicate that marijuana has been consumed sometime in the last few weeks) in their system.

In 2024, AB 2188 prohibits employers from holding test results for non-psychoactive cannabis metabolites against an applicant or employee if all the test reveals is evidence of past marijuana use.

The California Legislature expressly states that the traditional and standard tests for marijuana use can no longer be used for pre-employment drug screening or be the basis for discipline or termination of an employee.

However, applicants and employees can still be disciplined or terminated based on test results that show:

  • Present impairment.
  • Presence of the psychoactive chemical compounds of marijuana.

AB 2188 is intended to highlight that testing for non-psychoactive cannabis metabolites in someone’s system, which can appear weeks after use, does not correlate with whether an employee is currently impaired on the job.

The Bill explicitly states that nothing in the law permits an employee to possess, be impaired by, or use marijuana on the job.

Are There Certain Employee Exemptions to AB 2188?

Yes. AB 2188 exempts employees in the following ways:

  • Construction and building industries.
  • Positions that require federal background and clearance checks.

Notably, AB 2188 does not exempt employees in other safety-sensitive industries such as transportation, health and services, manufacturing, and agriculture.

Contact Our Experienced Employment Law Attorneys in Beverly Hills, California Today

Beginning January 1, 2024, California employers will be prohibited from engaging in any adverse employment action against employees for off-duty marijuana use.

If you believe your workplace rights have been violated in any capacity, contact our skilled employment lawyers in Los Angeles County at (310)-776-3590 at Mehtani Law Offices, P.C. to schedule a free consultation today to discuss your unique circumstances with a law firm that can help pursue real results for your case.

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