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Employee rights and drug testing in California

The recent legalization of marijuana for medical purposes in the state of California has meant that the law regarding the use of the drug has become somewhat blurred and confusing for many. Often, companies in the state of California demand that their employees take drug tests. This may be for regulation and safety reasons, such as if the company employs truck drivers, or it may simply to ensure that corporate workers are not abusing drugs.

If you are concerned about drug testing and how it affects medical marijuana consumption in the state of California, it is important that you take the time to understand the law. The following are some of the most frequently asked questions regarding the issue of employee drug testing in California.

Is it legal for your employer to demand that you take a drug test?

If you are going through the job application process, an employer has a legal right to request a drug test as part of the terms of employment. However, there are strict regulations that the employer must adhere to. In addition, there must be certain conditions present in order to legitimatize the request for random drug testing.

What conditions need to be present in order for random drug testing to be permissible?

Random drug testing requirements can only take place if the work is safety sensitive, if expectations of privacy are maintained, if results are kept confidential and if notice was given of random drug testing.

If you are worried about drug testing demands from employers in California, speak with an attorney experienced in employment law.

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