Workplace compliance can sometimes raise questions that don’t have cut-and-dry answers. Can you enforce a drug-free workplace policy when an employee uses medical marijuana? What state laws apply to remote workers? How much can you rely on AI tools for employment decisions?
This month, recent court rulings and a new California law offer some insight into those questions. Here’s what employers should know and how to prepare.
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Florida Court Upholds Employer’s Drug-Free Workplace Policy
A Florida appeals court has ruled that a county can enforce its drug-free workplace policy against an employee who tested positive for medical marijuana.
The case, Hillsborough County v. Giambrone, involved a firefighter paramedic who tested positive for marijuana during a random drug test. Although he had a valid medical marijuana card and there was no evidence of workplace impairment, the county placed him on unpaid administrative leave. The employee challenged the county’s decision, alleging violations of Florida law, the county’s workplace policy, and his collective bargaining agreement, and a lower court initially ruled in his favor.
In July, however, an appeals court reversed that ruling, finding that medical marijuana did not qualify as a prescription or nonprescription medication under the agreement. The court also noted that Florida’s medical marijuana law allows employers to enforce a drug-free workplace policy and does not require accommodation of an employee’s off-duty medical marijuana use under the circumstances of the case.
However, the court specifically limited its decision to the county’s policy and the collective bargaining agreement. It did not consider whether other Florida employers can take similar action, especially when different workplace policies or employment agreements apply.
What Florida Employers Need to Know
If your organization conducts marijuana testing, consider these steps:
- Review your workplace drug policy: Make sure it clearly addresses marijuana use, positive drug test results, and any exceptions or accommodations.
- Check employment agreements: Review collective bargaining agreements and other employment policies to understand how they address authorized medical marijuana use.
- Stay updated on legal developments: Keep monitoring Florida court decisions and guidance on medical marijuana in the workplace.
California Court Clarifies Criminal History Protections for Remote Employees
A California appeals court has ruled that some state protections restricting employers’ use of criminal history data do not automatically apply to employees working outside California.
In Saberin v. Alation, a remote employee sued his employer, a California-based company, after being arrested in Florida and later terminated. He argued that the company violated California laws that limit how employers can consider arrests that don’t result in convictions. But the employee worked in Utah, and the termination decision was made in Illinois.
Despite the employer’s California headquarters, the involvement of California-based HR personnel, and a California choice-of-law provision, the court found insufficient connections to California for the two statutes to apply. The decision does not mean employers can expect an exemption from all California employment laws for out-of-state employees.
What California Employers Need to Know
To determine which California criminal history laws apply to your remote employees, consider these factors:
- Review employee work locations: Know where remote employees primarily perform their jobs and which state or local employment laws may apply.
- Document employment decisions: Keep clear records of who makes disciplinary or termination decisions, where those decisions occur, and the reasons behind them.
- Evaluate criminal history policies: Review how your organization uses arrest and conviction records, particularly when making employment decisions involving out-of-state or remote employees.
California Passes New Law Restricting AI in Employment Decisions
California employers using artificial intelligence (AI) or automated tools to help make employment decisions will soon face new restrictions. Last month, Gov. Gavin Newsom signed Senate Bill 947, also known as the No Robo Bosses Act, into law. It takes effect on July 1, 2027.
Under the law, employers cannot rely solely on an automated decision system (ADS) to discipline or terminate an employee. If an employer primarily relies on an ADS, a human must corroborate the information by reviewing the data or considering other relevant factors, such as supervisor evaluations and work product.
The law also requires employers to provide written notice when they primarily use automated systems for disciplinary or termination decisions. An employee can also request information about the data used in the decision.
What California Employers Need to Know
While the new requirements don’t take effect until later next year, you can start preparing now with these steps:
- Review automated systems: Determine whether your organization uses AI or other automated tools to evaluate employee performance or make disciplinary decisions.
- Establish human monitoring: Make sure qualified employees can independently review and corroborate ADS-generated information before finalizing decisions.
- Prepare documentation and notices: Develop procedures for documenting human review, providing required employee notifications, and responding to employee requests for information.
Make Compliance a Priority with InCheck
Your organization’s workplace drug policy, a remote employee’s location, and the technology you use for employment decisions can all affect your compliance obligations. With these recent updates, it’s worth reviewing the processes you have in place and any changes you may need to make moving forward.
At InCheck, we can help teams build background screening programs that support their hiring needs and their compliance responsibilities. Reach out to discuss your screening needs and how we can help your organization.
Disclaimer: This blog is for general informational purposes only and should not be construed as legal advice.
Workplace compliance can sometimes raise questions that don’t have cut-and-dry answers. Can you enforce a drug-free workplace policy when an employee uses medical marijuana? What state laws apply to remote workers? How much can you rely on AI tools for employment decisions?
This month, recent court rulings and a new California law offer some insight into those questions. Here’s what employers should know and how to prepare.
Want to receive monthly compliance updates? Subscribe to InCheck’s compliance newsletter.
Florida Court Upholds Employer’s Drug-Free Workplace Policy
A Florida appeals court has ruled that a county can enforce its drug-free workplace policy against an employee who tested positive for medical marijuana.
The case, Hillsborough County v. Giambrone, involved a firefighter paramedic who tested positive for marijuana during a random drug test. Although he had a valid medical marijuana card and there was no evidence of workplace impairment, the county placed him on unpaid administrative leave. The employee challenged the county’s decision, alleging violations of Florida law, the county’s workplace policy, and his collective bargaining agreement, and a lower court initially ruled in his favor.
In July, however, an appeals court reversed that ruling, finding that medical marijuana did not qualify as a prescription or nonprescription medication under the agreement. The court also noted that Florida’s medical marijuana law allows employers to enforce a drug-free workplace policy and does not require accommodation of an employee’s off-duty medical marijuana use under the circumstances of the case.
However, the court specifically limited its decision to the county’s policy and the collective bargaining agreement. It did not consider whether other Florida employers can take similar action, especially when different workplace policies or employment agreements apply.
What Florida Employers Need to Know
If your organization conducts marijuana testing, consider these steps:
- Review your workplace drug policy: Make sure it clearly addresses marijuana use, positive drug test results, and any exceptions or accommodations.
- Check employment agreements: Review collective bargaining agreements and other employment policies to understand how they address authorized medical marijuana use.
- Stay updated on legal developments: Keep monitoring Florida court decisions and guidance on medical marijuana in the workplace.
California Court Clarifies Criminal History Protections for Remote Employees
A California appeals court has ruled that some state protections restricting employers’ use of criminal history data do not automatically apply to employees working outside California.
In Saberin v. Alation, a remote employee sued his employer, a California-based company, after being arrested in Florida and later terminated. He argued that the company violated California laws that limit how employers can consider arrests that don’t result in convictions. But the employee worked in Utah, and the termination decision was made in Illinois.
Despite the employer’s California headquarters, the involvement of California-based HR personnel, and a California choice-of-law provision, the court found insufficient connections to California for the two statutes to apply. The decision does not mean employers can expect an exemption from all California employment laws for out-of-state employees.
What California Employers Need to Know
To determine which California criminal history laws apply to your remote employees, consider these factors:
- Review employee work locations: Know where remote employees primarily perform their jobs and which state or local employment laws may apply.
- Document employment decisions: Keep clear records of who makes disciplinary or termination decisions, where those decisions occur, and the reasons behind them.
- Evaluate criminal history policies: Review how your organization uses arrest and conviction records, particularly when making employment decisions involving out-of-state or remote employees.
California Passes New Law Restricting AI in Employment Decisions
California employers using artificial intelligence (AI) or automated tools to help make employment decisions will soon face new restrictions. Last month, Gov. Gavin Newsom signed Senate Bill 947, also known as the No Robo Bosses Act, into law. It takes effect on July 1, 2027.
Under the law, employers cannot rely solely on an automated decision system (ADS) to discipline or terminate an employee. If an employer primarily relies on an ADS, a human must corroborate the information by reviewing the data or considering other relevant factors, such as supervisor evaluations and work product.
The law also requires employers to provide written notice when they primarily use automated systems for disciplinary or termination decisions. An employee can also request information about the data used in the decision.
What California Employers Need to Know
While the new requirements don’t take effect until later next year, you can start preparing now with these steps:
- Review automated systems: Determine whether your organization uses AI or other automated tools to evaluate employee performance or make disciplinary decisions.
- Establish human monitoring: Make sure qualified employees can independently review and corroborate ADS-generated information before finalizing decisions.
- Prepare documentation and notices: Develop procedures for documenting human review, providing required employee notifications, and responding to employee requests for information.
Make Compliance a Priority with InCheck
Your organization’s workplace drug policy, a remote employee’s location, and the technology you use for employment decisions can all affect your compliance obligations. With these recent updates, it’s worth reviewing the processes you have in place and any changes you may need to make moving forward.
At InCheck, we can help teams build background screening programs that support their hiring needs and their compliance responsibilities. Reach out to discuss your screening needs and how we can help your organization.