How to Research State-Specific Employment Law Requirements with Littler On Guides: A California Drug Testing Example

What This Process Solves

Outside of the 30+ common HR topics covered within Reference Center’s List component, users can find hundreds more policies and HR requirements within the Littler On Guides component. 

Littler On Guides, also called Comprehensive Guides, are state-by-state employment law guides inside the ComplianceHR Reference Center. Each guide covers requirements from pre-hire through termination for a single state, which makes it the place to look when a question falls outside the Reference Center’s standard Topics.

In this use case example, we will show how to use the Reference Center and the applicable Littler On Guide to quickly determine whether a proposed drug testing practice is legally permitted for a specific workforce location. This process helps a team member find relevant legal guidance, review employer obligations, and identify citations for further research.

Who This Is For

Written for HR generalists, HR business partners, in-house employment counsel, and people operations leads who need to confirm whether a policy or practice is permitted in a specific state before rolling it out. The process is most useful when the question is not covered by a Reference Center Topic, and when you employ people in more than one state, since each state’s rules have to be checked separately. If your question matches a listed Topic, start there. Use the Littler On Guide when it does not, or when you need more depth than the Topic provides.

Questions This Process Answers

Each Littler On Guide follows the employment lifecycle in four parts: pre-hire, time of hire, during employment, and end of employment. Within each topic, the guide gives a brief overview of federal law, then summarizes the state’s requirements, and in many sections covers state enforcement, remedies, and penalties. The guides focus on private-sector employers, and local ordinances are included for select topics.

In the California guide, drug testing is addressed under pre-hire for applicants and under during employment for current employees, alongside a separate section on marijuana laws. Using this example, the guide helps answer:

• Can we drug test job applicants, and what limits apply before hire?
• When can we test current employees, and do any local rules add restrictions?
• How do state marijuana laws affect our testing policy?
• How does federal law interact with the state rule for this workforce?
• What enforcement, remedies, or penalties apply if the policy gets it wrong?

The guides explain what employers can and cannot do in the selected state and provides citations for further research. 

Researching a State-Specific Requirement in a Littler On Guide: Step by Step

1. Open the List component in the Reference Center and confirm whether the topic is available 

• Log in to the ComplianceHR platform.
• Navigate to the Reference Center.
• Search for the topic you need to research, such as drug testing.
• Use the jurisdiction, topic, and tag filters at the top of the List view to narrow results to the state you are researching.
• Confirm whether the topic appears in the general Reference Center.
• If the topic is not listed, do not assume the subject is unavailable; continue to the relevant Littler On Guide.

2. Select the appropriate state-specific Littler On Guide 

• Identify the state where the workforce is located.
• Confirm where the employees or applicants will actually perform work, not where the company is headquartered or where payroll is processed.
• Open the corresponding Littler On Guide for that state.
• In this example, select the California On Guide.
• Use the state guide when you need more detailed, jurisdiction-specific employment law information.

3. Search within the guide for the specific issue 

• Use the guide’s table of contents to jump to the relevant chapter when you know where the topic sits.
• Use the guide’s search function (for example, Ctrl+F or Command+F on a Mac) to locate the topic.
• Enter the keyword drug testing.
• If results are thin, try related terms the guide may use instead, such as cannabis, marijuana, controlled substance, or medical examination.
• Review the search results to find the sections that address the issue.
• Focus on the parts of the guide that discuss the exact policy or practice you are evaluating.

4. Review applicable rules and employer obligations 

• Read the sections that explain what employers can and cannot do.
• Identify any federal guidelines that apply to the state-specific issue.
• Check whether the role is covered by a federal testing mandate, such as U.S. Department of Transportation testing under 49 CFR Part 40. California’s cannabis testing restrictions expressly do not preempt state or federal laws that require testing.
• Note any requirements for applicants and current employees separately.
• Check whether the role falls into a category the state treats differently. In California, for example, Government Code § 12954 does not apply to employees in the building and construction trades or to positions that require a federal government background investigation or security clearance.
• Determine whether the proposed drug testing practice is allowed and under what conditions.

5. Drill into detailed guidance and citations 

• Continue deeper into the guide to find more specific instructions.
• Capture details on:
  • employer rights
  • permitted processes
  • restrictions or limitations
  • required procedures
• Record any citations provided for additional research or legal verification.
• Keep each citation next to the finding it supports so the source stays attached to the conclusion when the summary is shared.

6. Use the information to assess and document next steps 

• Use the guide’s details to evaluate whether the organization can implement the proposed process.
• Summarize the key findings in plain language for internal use.
• If needed, follow the citations to confirm the guidance before taking action.
• Share the summary with the people who will carry out the policy, such as talent acquisition, operations leaders, and your testing provider.
• Document the final conclusion and any compliance steps required before implementation.

Watch the Process Step by Step

Tips for Efficiency

• Start with the broad Reference Center search, then move directly to the state guide if needed.
• Use keyword search within the guide to jump to the relevant section instead of reading the entire document.
• Save or note citations as you go so you can quickly return to supporting authority later.
• Focus first on the exact workforce location and employee group to avoid reviewing unnecessary sections.
• Create a short internal summary of findings to speed up decision-making and stakeholder review.
• When the same question applies in several states, repeat the search in each state’s guide and record the findings in one summary so the differences are visible side by side.
• Run the research before a policy is announced or a testing vendor is engaged, not after. Several requirements affect how the program has to be designed.

What the Platform Returns

Each Littler On Guide is a comprehensive, single-state guide covering employment law requirements from pre-hire through termination. Guides include a table of contents and can be searched by keyword. The guidance explains what employers can and cannot do, addresses applicants and current employees separately where the law treats them differently, and includes citations for further research and verification.

Why Not Just Search for This?

A search for whether drug testing is legal in California tends to return one headline answer. The actual rules sit in several layers at once: the state constitutional right of privacy; court decisions such as Loder v. City of Glendale (1997) 14 Cal.4th 846, which analyzed suspicionless testing of job applicants differently from testing of current employees; Government Code § 12954, added by AB 2188 and amended by SB 700, both effective January 1, 2024; and local ordinances in some cities. A single search result rarely reconciles all of those layers for the role and location you are evaluating.

Citations also move. San Francisco’s ordinance restricting drug testing of current employees was long cited as Police Code Article 33A. It was redesignated as Labor and Employment Code Article 51, operative January 4, 2024, and older articles that still rank for the topic cite the former section number without noting the change.

Three things separate this from a search:

Attribution. Content is authored and updated by Littler Mendelson employment law attorneys.

Currency. Guide content is consistently maintained and the date last updated is noted in the guide, so you are not left guessing whether a result is current, superseded, or written about another state.

Citations. Requirements trace back to cited authority, so a finding can be verified before anyone acts on it.

What to Verify Before Implementing a Policy, in Any State

• This process is for research and informational support only; it does not replace legal advice.
• Do not rely on the general Reference Center List component alone if the topic is not listed there. Check the relevant state Littler On Guide.
• Verify whether the guidance applies to applicants, current employees, or both, since requirements may differ.
• Confirm the city or county of employment as well as the state. Local ordinances can add limits beyond state law; San Francisco, for example, restricts drug testing of current employees.
• Confirm whether the role is exempt from a state rule or subject to a federal testing mandate before applying the general rule.
• Always confirm the most current legal requirements before implementing any drug testing policy.
• Use citations for follow-up research when the issue has compliance risk or operational impact.
• Make sure HR, legal, and the managers who will enforce the policy are aligned before it is communicated to applicants or employees.

What This Process Doesn’t Cover

Whether a specific testing program is lawful as applied to your facts. The guide informs that decision; it does not make it. Always consult your attorney when making key decisions.

Whether a particular test method meets California’s requirements. Under Government Code § 12954, that depends on what the test detects, so confirm test methodology with your testing provider and counsel.

Individual employment decisions after a test, including discipline, termination, or accommodation requests. Those need legal counsel.

Requirements that attach to the employer or the individual rather than the jurisdiction, such as collective bargaining agreements, employment contracts, and federal contract or grant conditions.

Terms Used in This Process

• Littler On Guides: state-specific comprehensive guides in the ComplianceHR Reference Center covering employment law requirements from pre-hire through termination. Also called Comprehensive Guides.
• Jurisdiction of employment: the state, and where relevant the city or county, where the employee or applicant actually performs work.
• Applicant: a candidate who has not yet started work in the position. Some states and cities treat applicants differently from current employees, which is why this process reviews them separately.
• Nonpsychoactive cannabis metabolites: compounds stored in the body after THC is metabolized. The California Legislature found that they indicate past cannabis consumption rather than current impairment (AB 2188, 2022).

Frequently Asked Questions

What are Littler On Guides?

Littler On Guides, also called Comprehensive Guides, are state-specific employment law guides inside the ComplianceHR Reference Center. Each guide covers requirements from pre-hire through termination for one state and includes a table of contents and keyword search.

When should I use a Littler On Guide instead of a Reference Center Topic?

Start with Reference Center Topics when your question matches a listed topic. Use the state’s Littler On Guide when the topic is not listed or when you need more jurisdiction-specific detail than the Topic provides.

Who writes and maintains this content?

Legal content is authored and updated by Littler Mendelson employment law attorneys. 

Can I search a Littler On Guide by keyword?

Yes. Open the guide and use Ctrl+F (Command+F on a Mac) to find every place a term appears, or use the table of contents to go straight to a chapter.