Don’t let hindsight be 2020. While others are enjoying the holidays and a well-deserved break, Nevada businesses should “check their lists twice” to make sure they are compliant with a host of new laws going into effect in Nevada on January 1, 2020.
Pre-Employment Marijuana Drug Screening – AB 132
With certain exceptions, Nevada employers, will be prohibited from refusing to hire prospective employees based on results of a pre-employment marijuana screening. In addition, new hires subjected to a drug test within the first 30 days of employment have the right to submit an additional screening test, at their own expense, to rebut the positive results of an initial screening. This new law is intended to fill the gap in certain employment practices created by Nevada’s legalization of marijuana for recreational and medical use not previously addressed under Nevada law.
However, several provisions of this law remain unclear. For example, under the new law, “in the determination of the employer, [positive indication of marijuana use] could adversely affect the safety of others.” Similarly, the law provides that Nevada employers “shall accept and give appropriate considerations to the results” of a secondary test where the employee submits a second screening at their expense. These two broadly-worded provisions suggest that there will be further clarification—through the courts or the Nevada Legislature—in the future.
To comply with this new law, Nevada employers should consider reviewing the following: drug testing policies; pre-employment procedures; employment contracts; and job classifications. Nevada employers should also consider training human resources personnel to adapt to these new requirements. FULL ARTICLE