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Daniel De La Cruz is an associate in the Labor and Employment Practice Group in the firm's San Diego office.

Effective January 1, 2020, Nevada became the first state to ban employers from refusing to hire job applicants for testing positive for cannabis use. Governor Steve Sisolak signed Assembly Bill No. 132 (AB 132) on June 5, 2019, after state lawmakers approved it. AB 132 has two primary effects. First, it makes it unlawful for Nevada employers to refuse to hire a prospective employee because the individual submitted to a drug screening test and the results of the test indicate the presence of cannabis. Second, if an employer requires employees to submit to a drug screening test in the first 30 days of employment, the law allows employees who test positive for cannabis to rebut the results by submitting an additional screening test, at the employee’s own expense, which the employer must then consider. Despite these rather clear edicts, AB 132 has created some confusion for Nevada employers, given no regulations or additional guidance has yet been issued.
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The legalization of cannabis in several states had left a major question unanswered: is an employee who violates the federal Controlled Substances Act (“CSA”) by distributing cannabis as part of his or her job still subject to the federal Fair Labor Standards Act (“FLSA”), which provides for the payment of wages?
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