Government Code section 12850 and related regulations require all California employers to display the “California Law Prohibits Workplace Discrimination and Harassment” poster in a conspicuous place where employees gather. The Civil Rights Department published an updated version of this poster that includes information about protections for employees taking bereavement leave or leave for reproductive loss
Cannabis
California Bans Inquiries About Applicant Cannabis Use
By Ellen E. Cohen & Kathryn J. Russo on
Posted in California
On October 7, 2023, Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding prior use of cannabis that is learned from a criminal history.
However, SB 700 does not preempt state…
What Cannabis Industry Employers Need to Know About Cal/OSHA
By Joshua M. Henderson & Sean Paisan on
Posted in CalOSHA
The “cannabis industry” in California is not monolithic but is actually composed of employers in various industries. Agricultural employers cultivate cannabis, manufacturing employers process cannabis and package it, and retail employers sell the cannabis. For all these employers, Cal/OSHA imposes several workplace safety requirements that can pose compliance challenges.
Currently, Cal/OSHA does not have a…
High Times Ahead for Employers in California
By Ellen E. Cohen & Kishaniah Dhamodaran on
Posted in California
On September 18, 2022, Governor Newsom signed California Assembly Bill (AB) 2188, which makes it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment based upon: (1) a person’s use of cannabis off the job and away from the workplace, except for preemployment drug…
Is “Cannabis User” the Next Protected Class in California?
By Elyza P. Heraldez & Patrick C. Stokes on
Posted in Disability and Leave, Discrimination
Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity.
In 2016, a majority of California voters approved Proposition 64, titled “The Control, Regulate and Tax Adult Use of Marijuana Act” (Prop 64). Prop 64 permits adults 21 years of…
Workplace Violence, Indoor Heat, Cannabis Regulations on Cal/OSHA 2018 Schedule
Posted on
Posted in CalOSHA, Workplace Safety
Starting the year with a bang, the Cal/OSHA Division said it intends to finalize several new standards this year, including on indoor heat illness prevention. It also intends to release new workplace violence prevention for general industries regulations and new regulations to affect the Cannabis industry. The agency has scheduled three advisory meetings within the…