Tag: New York’s Lawful Activities Law

A Look Back at What Employers Should Know About the New York Marijuana Regulation and Taxation Act May 3, 2023 Marijuana became legal in New York when the Marijuana Regulation and Taxation Act legalized it in March of 2021. As a result, this law banned employers from drug testing for marijuana. Unfortunately, the law has proven confusing for many employers. This article will summarize and clarify the main points employers should know about this law. What is New York's Lawful Activities Law? New York's Lawful Activities Law bans employers from discriminating against marijuana use outside of work hours, off the employer's premises, and when not using the employer's equipment or property. This ban includes the hiring process, employment, or firing process. As a result, this law prevents employers from drug testing for marijuana in most cases. This prevention is because most drug tests do not detect whether the employee is impaired. However, the prohibition on drug testing for marijuana does not apply to federally mandated testing. In addition, the New York Department of Labor also provided guidance for when employers could test for marijuana. In such cases, the employee must display noticeable symptoms of impairment. Should an employee test positive for marijuana, the employer cannot take adverse action. However, this does not mean employers cannot maintain a drug-free workplace. For example, employers may prohibit marijuana use during working hours, including breaks and rest periods. They can also ban the use of marijuana anywhere on their premises, such as the business's parking lot. This law does not require employers to tolerate impairment from marijuana use at any time during working hours. Though current laws make it difficult to prove impairment from marijuana, employers can still evaluate employees for impairment and discipline them based on this evaluation. However, employers must not assume impairment based on smell alone. Final Thoughts Employers should ensure they do not discriminate against employees because of their off-duty marijuana use. In New York, this prohibition applies even to safety-sensitive positions. However, employers can maintain a drug-free workplace and discipline employees for working impaired due to marijuana use. Furthermore, employers cannot discriminate against applicants or employees for their off-duty marijuana use during the hiring or promotion process. In addition to laws regarding off-duty marijuana use, employers should review their hiring process to ensure that background screening does not discriminate against marijuana users. The best way to ensure compliance with relevant regulations is by partnering with a trustworthy background check provider. Source

Tag: New York’s Lawful Activities Law

A Look Back at What Employers Should Know About the New York Marijuana Regulation and Taxation Act

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