Marijuana Legalization Begins a Possible Employment Screening Trend

New York City was the first jurisdiction to introduce a marijuana screening ban in April 2019, and while New York’s governor never signed nor vetoed it, this law will go into effect on May 10, 2020. Nevada quickly followed suit, introducing a law that will go into effect January 1, 2020 banning employers from rejecting candidates based on the presence of marijuana in screening tests. Both laws allow employers to maintain the right to a zero-tolerance workplace, whereby using marijuana at the worksite is prohibited. And they both carve out exemptions for federal contractors, as well as safety-sensitive and regulated Department of Transportation positions.

Takeaway: Employers should expect more states to take on marijuana screening in the future. Questions about what types of workers are exempt from the ban (and therefore subject to testing) will likely be tested in court. No single rule is in effect across the U.S. Therefore, employers should ensure their talent organizations, talent engagement partners, and background checking and drug screening partners stay in front of changes as they arise across jurisdictions.

North America

Canadian Ruling Accounts for Past Contractor Status When Releasing an Employee

California Privacy Law Will Carry Responsibilities for Employers

Dynamex’s ABC Test for Contractor Misclassification Codified Into Law

State and Local Jurisdictions Implement Salary History Bans

Court Upholds Web Sourcing of Candidate Data … for Now

EMEA

Private UK Companies Will Not Be Exempt from IR35

Gig Economy Employers Navigate Germany’s Temporary Employment Act

Spain and the Netherlands Highlight Pay and Classification Priorities for Flexible Workers

EU PSD2 Directive May Lead to Adjustments in Payments and Invoicing

APAC

China to Relax Immigration Rules

Japan Sets Equal Pay for Equal Work Guidelines for Engaging Temporary Workers