Governor Newsom is done signing bills for 2023. We briefly
summarize the new laws affecting California employers below. Unless
noted otherwise, these laws are effective on January 1, 2024.
Equal Employment Opportunity
The Governor signed AB 2188 in the 2022 legislative session. It
makes off-duty cannabis use a protected class under
California's Fair Employment and Housing Act. Subject to
limited exceptions, employers may not discriminate against
employees or applicants who use cannabis off-duty and away from
work, and may not refuse to hire an applicant who tests positive
for a "nonpsychoactive" cannabis metabolite, or whose
criminal history reflects prior cannabis use.
SB 848 requires employers with five or more employees to approve
up to five days of unpaid "reproductive loss leave" (but
no more than 20 days per year) following a failed adoption, failed
surrogacy, miscarriage, stillbirth, or an unsuccessful assisted
reproduction.
