Nevada has a new law taking effect January 1, 2020, prohibiting employers from refusing to hire applicants who test positive for marijuana during preemployment drug screenings.
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Assembly Bill 132 also says that if an employer requires a drug screening during the first 30 days of employment, it must allow employees to pay for their own second test to rebut the results of the first, and employers are required to accept and give appropriate consideration to the secondary results.
The law’s restrictions don’t appear to apply to:
- Current employees, although other existing state law provides certain protections for medical marijuana users; or
- Applicants seeking employment as emergency rescue personnel (firefighters, emergency medical technicians), in positions regulated by the U.S. Department of Transportation or similar driving regulations, or for jobs that, in the employer’s discretion, could adversely affect others’ safety.
Similarly, the new law doesn’t apply to certain federally funded positions or serve to contradict existing employment contracts, collective bargaining agreements, or federal law.
For more information on new Nevada laws affecting employment, see the June issue of Nevada Employment Law Letter.
Shannon S. Pierce and Eric Duhon are attorneys with Fennemore Craig, P.C., in Las Vegas and Reno. They can be reached at spierce@fclaw.com and eduhon@fclaw.com.