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We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Johnson v. WinCo Foods, LLC, 2022 WL 2112792 (9th Cir. 2022)

Alfred Johnson brought this class action against WinCo, seeking compensation as an “employee” for the time and expense of taking a drug test as a successful applicant for employment. Plaintiffs argued that because the drug tests were administered under the control of the employer, they qualified as “employees” under California law. The district…

Ross v. Ragingwire Telecommunications, Inc., 42 Cal. 4th 920 (2008)

In accordance with the Compassionate Use Act of 1996 (Proposition 215), Gary Ross had a physician’s recommendation to use marijuana for his chronic back pain. Ragingwire offered Ross a job as a lead systems administrator subject to his passing a drug test, which he failed when he tested positive for THC (the active chemical…

Ishikawa v. Delta Airlines, Inc., 343 F.3d 1129 (9th Cir. 2003)

Yasuko Ishikawa, a Delta Airlines flight attendant, was terminated for failing a drug-detection urine test. Because the test had been performed negligently and had no validity, Delta rehired Ishikawa and paid her her lost income. Ishikawa also sued LabOne, the urine-testing laboratory, for negligence, and the jury awarded her $68,000 in economic and…