Saturday, February 4, 2023

Recreational Marijuana: Impact on Employee Retention, Recruitment

In the newest podcast episode of The Workplace, California Chamber of Commerce General Counsel and Executive Vice President Erika Frank is joined by employment law attorney Jennifer Shaw to discuss how legalization of marijuana is affecting both workers and business owners in California.

The two employment law experts dive into details about the profound impact that legalization of recreational pot is having on both recruitment and retention of employees.

They further discuss the parameters of both pre-employment and reasonable suspicion drug testing and provide perspective on an employer’s ability to maintain a drug-free workplace.

According to Frank, California is in an interesting place because the booming economy is creating a situation where qualified workers are becoming harder to find. This is compounded by the fact that a significantly higher number of job applicants are unable to pass drug screening tests due to more prevalence of both recreational and medicinal marijuana use.

Shaw cautions employers against creating unexpected liability by relaxing their drug testing practices and discusses examples of how troublesome situations can easily be created.

Both Frank and Shaw discuss the problems created when employees or potential employees assume they are engaging in legal activity and do not understand the issues created because employers have the right to drug test and/or maintain a drug-free workplace.

Shaw underscores the fact that the California Supreme Court has made it clear that employees can’t come to work under the influence or test positive for marijuana use simply because recreational and medicinal use is legal in the state.

Frank also points out that employers should be clear in establishing policies and giving guidance to applicants and current employees about the company’s drug testing requirements.

Subscribe to The Workplace

Subscribe to The Workplace on iTunes, Google Play, Stitcher, PodBean and Tune In. New episodes will be released each Wednesday.

To listen or subscribe, visit www.calchamber.com/theworkplace.

CalChamber
CalChamber
The California Chamber of Commerce is the largest, broad-based business advocate to government in California, working at the state and federal levels to influence government actions affecting all California business. As a not-for-profit, we leverage our front-line knowledge of laws and regulations to provide affordable and easy-to-use compliance products and services.

Related Articles

Opposition in Final Days of Legislative Session Stops Onerous Requirements for Businesses

In the closing days of the legislative session, strong opposition from the California Chamber of Commerce and allied groups, including many local chambers of commerce, prevented the passage of a number of harmful proposals. The...

Climate Change Job Killer Bills: 1 Stopped; 1 Goes to Governor

On the final day of the session, Assembly members heeded the concerns raised by the California Chamber of Commerce and a coalition of more than 110 organizations and stopped a last-minute greenhouse gas (GHG)...

Update on CalChamber Efforts to Secure Changes to Important Bills

In Episode 156 of The Workplace podcast, CalChamber employment law expert Matthew Roberts and CalChamber policy advocates Ashley Hoffman and Robert Moutrie give a legislative update on four important proposals that will affect California...