Random Drug Testing California Law

Can you refuse a pre-employment drug test? In California, an employer may require a drug test as a condition of employment after a job offer is made but before the employee starts working.

Peggy graduated from college and received her first job offer from Pace Electronics in Los Angeles, California. Peggy is excited, but as she moves through the interview process and gets a job offer, she realizes that Pace intends to drug test her before she is hired.

Peggy wonders if this action is legal, but seeing as she has nothing to hide, she goes along with the test. Peggy’s test is negative, and she begins working, excited to finally be part of the workforce.

However, a month into working at Pace, Peggy’s manager tells her that all employees will be tested for drugs again, marijuana included.

Wait a minute, Peggy thinks, is this normal? Are Pace’s actions legal? Also, isn’t marijuana legal in California now?

Peggy has rheumatoid arthritis and sometimes smokes medical marijuana for pain relief. She is both nervous that she may test positive for the drug and concerned that Pace is violating the law in California. The question is: who is right and wrong in this scenario?

What Are California’s Drug Testing Policies?

In California, employers are not required to drug test workers unless the testing is completed to cooperate with federal law.

However, the decision is up to the employer, and many employers still test their employees for drug use. Many California employers see drug testing as a normal condition of employment.

Employers must understand their rights regarding drug testing at work, so they can avoid being tested unnecessarily or illegally.

Is Drug Testing Legal in California?

California’s Constitution provides Californians with the undeniable right to privacy. The courts in the state interpret this provision to mean that employee privacy covers drug testing in some situations.

In California, the state tries to balance a citizen’s right to privacy with the employer’s ability to regulate its workers.

As is evident, the issue of drug testing in California is both complex and highly subjective. All drug testing cases are different, and the court considers each case equally based on several key factors, including:

The equipment used in the drug testing
How the drug testing is given

What Drug Test is Most Common for Pre-Employment in California?

While California law allows companies to drug test workers, the employer also must respect the employee’s right to privacy.

Pre-employment drug testing offers weaker protections because employers cannot observe prospective employees like regular employees.

California workers should know that their employer can test them for marijuana use. Marijuana is legal under California law, but the state’s supreme court allows for marijuana testing and enables businesses to fire employees who test positive if the business wishes to.

Importantly, these marijuana policies hold even if the marijuana is for medical purposes.

The most important thing to remember about pre-employment testing in California is that it is legal for companies to ask prospective employees to take a drug test before the person begins working.

Can Employers Require Drug Testing in California?

Based on workers’ constitutional right to privacy, the court disallows random drug testing. Therefore, most employers have to provide notice that a drug test is imminent for both current and prospective workers.

There is an exception to this policy, however. Public jobs that require a lot of responsibility, or involve a high level of safety, may be permitted to conduct random drug tests.

For example, a window washing company that works on skyscrapers might randomly drug test its workers based on the degree of danger involved with the profession.

Is Employee Drug Testing Illegal in California?

California’s drug testing laws are grounded in facts and experience and are based on multiple factors. Therefore, drug testing cannot be considered completely illegal in any manner. However, employers sometimes take certain actions related to drug tests that violate workers’ rights.

These acts may include:

Holding the test in a way that intrudes upon the rights of employees
Selecting certain employees to be tested and not others
Requiring workers to pay for mandatory drug tests
Ignoring the needs of employees in alcohol or drug rehabilitation

For example, suppose a company repeatedly drug tests one employee and not the other, and the employees have the same roles in the company. In that case, the company’s actions could be found to be unlawful. Additionally, some employers violate their employers’ rights under federal law when it comes to drug tests.

When individuals feel mistreated concerning drug testing at work, they should contact an attorney. Their employers may violate federal anti-discrimination laws, the Americans with Disabilities Act, or legislation.

Is It Possible to Refuse to be Drug Tested?

People often wonder if drug testing, either scheduled or random, is legal and just. Some employees feel drug testing should be required, while others see it as violating their rights.

California’s drug test policies are subjective, meaning they depend on the facts of the individual case. However, some employees have made successful claims against their employers regarding drug tests. For example, an employee could claim that requiring them to take a drug test at a certain time, based on certain events, or without any warning violated their rights.

Why Hire a California Employment Attorney?

Drug tests often become points of contention at the workplace. In California, there are specific policies employers and employees must follow regarding drug tests. At the same time, drug testing in California is a highly subjective issue open to at least some interpretation.

When employees feel they are being mistreated regarding drug testing or taken advantage of, they should not tolerate this behavior. At Nakase Wade, our lawyers will review the case with you, ensure you understand your rights, and help strategize your next move.

Our attorneys are experts in the state and federal guidelines surrounding drug test laws, and we will simplify what a complex issue is. We believe that employees should never be unfairly targeted or persecuted. At Nakase Wade, we will defend your rights from start to finish.

How to Calculate FTE

To calculate full-time equivalent (FTE), divide an employee's scheduled hours by the employer's hours for a full-time workweek.

Weingarten Rights

Understand Weingarten Rights: the right to have a representative during investigatory interviews as protected under the NLRA. Learn how these rights empower employees and safeguard their interests.

Can you get fired for using sick time

Understand your rights under California's Sick Leave Statute, protecting employees who need to take time off due to illness. Learn how legal protections safeguard against wrongful termination for using sick leave.

Insubordination in the workplace: 7 ways to manage

Navigate the challenges of insubordination in the workplace with effective strategies for managing difficult employee behaviors and fostering a positive work environment. Learn the importance of distinguishing between disagreement and insubordination for organizational health.

Diversity, Equity, and Inclusion

Explore the importance of diversity, equity, and inclusion in today's society. Learn how these values shape better, more inclusive communities and workplaces.

Human Resources (HR): Meaning and Responsibilities

Human Resources plays a pivotal role in recruiting, training, and managing employee relations, shaping a company's workforce for success. Discover the evolving responsibilities and strategic importance of HR in modern business dynamics.

10 Alternatives to Employee of the Month Awards

Discover the limitations of traditional Employee of the Month awards and explore ten innovative alternatives. Boost morale and recognition in your workplace with these creative solutions.

Learning To Learn

Discover the essential skills for modern leaders to thrive: learning to learn, adapting to change, and mastering new capabilities. Unveil strategies for personal growth and overcoming reluctance to embrace new challenges.

Gen Z Years, Age Range, Meaning, & Characteristics

Explore the defining years, age range, and unique characteristics of Generation Z, shaped by pivotal events like the pandemic and the digital age. Uncover insights into Gen Z's diverse demographics, digital nativity, and shifting social norms.

Quid Pro Quo Sexual Harassment and Law

Explore the origin and evolution of "quid pro quo," a principle that embodies mutual exchange in legal, political, and everyday contexts. Learn how it differentiates from bribery and shapes contracts, policies, and workplace ethics.

What is Sabbatical Leave? It’s the best kept secret in HR

Unlock the power of sabbatical leave to boost employee motivation and retention in a stagnating labor market. Learn how a planned break can give your company a competitive edge in attracting top talent.

At-Will Doctrine

Explore the at-will employment doctrine's impact on job security and termination rights in the US, highlighting key legal exceptions. Understand how at-will affects both employers and employees, with insights into valid termination causes and protections.

7-Day Work Week

Discover your rights under the 7-day work week laws, including eligibility for overtime and restrictions in some states. Learn about federal and state regulations, and when to seek legal action for wage violations.

What Happens When Employers Make False Promises

A false promise happens when a employer or hiring manager makes a statement on something the company can fulfill or avoid, but cannot or does not want to follow through with. You may bring a fraudulent inducement lawsuit against the employer for false promises for the harm you have suffered.

What to do if your employer doesn’t pay you?

If your employer failed to pay you for all of your work hours, a court could award you back pay. When your employer doesn't pay you, you should consult with an employment lawyer.

What to Do At a Job Fair to Impress Employers and Get the Interview

This article provides guidelines for job seekers to follow to ensure they are successful at career fairs. There are many things you can do to improve your chances of getting hired at a job fair.

Emotional Duress: How to Avoid

Emotional duress is an extremely unpleasant emotional response from someone else's conduct or actions. You can sue for money damages for anguish, or humiliation. This is known as emotional harm or mental anguish.

California Termination Laws

In California, an employee's employment may be terminated at the will of either party. Employees who are terminated must be paid all wages due at the time of termination.

Late Paycheck Penalty

When your paycheck is late, the employer has to pay a penalty of one day's pay for each day that the paycheck is late, up to a maximum of thirty days.

How To Calm Down Before An Interview

12 simple ways on to calm your nerves before and during an interview is to use relaxation techniques. Before an interview, imagine how you would ideally want to present yourself in the interview and then visualize yourself in the interview.

How to Include a Referral in Your Cover Letter?

Your cover letter should start with mentioning the referral's name because it instantly qualifies you. A referral cover letter helps you to define the mutual contact that has referred you for the job.

Best Job Options For Someone With A Criminal Record

This article identifies jobs for someone with a criminal record; examples are: delivery service, freelance designer, truck driver, chef, etc.

What are Weingarten Rights?

Weingarten rights guarantee an employee the right to Union representation during an investigatory interview by their employer.

What Is Job Rotation: Advantages And Disadvantages

Job rotation is the practice of moving employees between roles or positions in a company. Job rotation temporarily assigns employees to other roles to teach them new skills, learn about other functions within the team, and develop relationships across the business.

What is the meaning of Pay Rate?

Pay rate is the total money a worker receives during regular working hours, excluding overtime. In order words, pay rate, also called salary rate or compensation rate, is the wage amount paid to an employee per hour, per day, or per task completed.

How can part-time or temporary work help you explore career choices?

Part-time or temporary work offers a practical way to explore exploring and understanding what career you want. Temporary work or part time work gives you the opportunity to discover your strengths, preferences, and passions without the long-term commitment required by full-time work.

Understanding Incentive Pay: Definition, Types, and Benefits Explained

Learn how different forms of incentive pay, from bonuses to commission, can drive business success and enhance workforce engagement. Discover the key benefits and best practices of implementing incentive pay strategies in your organization, essential for attracting and retaining top talent.

What Happens When You Get Audited EDD

Gain clarity on the EDD audit process with our comprehensive guide, detailing what happens when you get audited by the Employment Development Department, including steps to prepare and respond effectively." "Navigate the complexities of an EDD audit smoothly with our expert insights, exploring the implications, documentation requirements, and key strategies to manage the auditing process efficiently and confidently.

What is FMLA Intermittent Leave of Absence?

An employee uses their 12 weeks of unpaid leave intermittently under FMLA Intermittent leave, taking it off and on, unlike continuous family medical leave or a reduced work schedule. FMLA leave can be taken intermittently by employees – in separate blocks of time for a single qualifying reason – or on a reduced leave schedule, which involves reducing the employee's usual weekly or daily work schedule, when it is medically necessary.

What is a statutory employee?

A statutory employee is a salesperson, either traveling full-time or based in a city, who represents you and submits orders from wholesalers, retailers, contractors, or operators of establishments such as hotels and restaurants. The merchandise sold should be for resale, or the supplies should be for use in the buyer's business operation. For you, the principal business activity performed must be the salesperson's work.

See all articles: Business | Corporate | Employment

1,934

Can you be randomly drug tested in California?

Is it legal to drug test employees in California?