New York DOL Issues Recreational Cannibis Guidance
NEW YORK DOL ISSUES RECREATIONAL CANNABIS GUIDANCE FOR EMPLOYERS:
On October 8, 2021, the New York State Department of Labor ("NYSDOL”) issued guidance to assist employers in navigating the Marijuana Regulation and Taxation Act identifying “Specific Articulable Symptoms of Impairment.”
As amended by the MRTA, Section 201-D prohibits employers from discriminating against employees based on their use of cannabis outside of the workplace, outside of work hours, and without the use of the employer's equipment or property. The Law does permit employers to take action in certain circumstances against an employee which are defined.
In other words, mere indications of cannabis use, such as odor, are not the same as signs of impairment and alone are insufficient to support an adverse employment action. An employee's use of cannabis during work hours or Squarespacewhile using employers' property, however, does constitute grounds for discipline, even without signs of impairment. Action may also be taken if there are specific articulable symptoms of impairment on the job.
Drug Testing of Employees:
New York City Human Rights Law prohibits pre-employment testing for cannabis, except for where federal or state law requires.
Employers should also review their employee drug screening and testing policies and practices, including random and reasonable suspicion-based drug testing. Employers may want to think about eliminating pre-employment cannabis drug testing unless it is required by state or federal law for the position.
McKernan Law can provide the required training. For further information, please contact me at https://kmckernanlaw.com