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This Bud’s For You: New York Department of Labor Releases Guidance on Recreational Marijuana in the Workplace

 

I mean, really, the title says it all.  The New York Department of Labor recently released guidance and a FAQ section on recreational marijuana usage and how it applies in the workplace.

In reviewing the guidance, I wanted to point out a few key takeaways.  First, as some readers might be aware, recreational marijuana usage and possession was legalized in New York for adults 21+ effective this past March.  In doing so, New York employers are prohibited from hiring, employing, discharging, or otherwise discriminating against a worker for lawfully using marijuana away from the workplace while off duty and off premises.  Now that we have that out of the way, it is important to note that employers in New York are prohibited from drug testing employees for marijuana except in limited circumstances (such as where it is required by law).  As well, an employer that smells marijuana cannot use that alone as evidence of “articulable symptoms of impairment.”  In addition, drug testing results cannot serve as grounds for an employer’s conclusion that an employee was impaired by marijuana.

Now it is not all “doom & gloom” for those employers that do not like the fact that workers can lawfully use marijuana.  For instance, employers may take employment actions (such as hiring or firing) related to a worker’s use of marijuana if the employer is required to take such action based upon state or federal law, statute, regulation, ordinance, or other mandate.  Employers are also allowed to take employment actions related to a worker’s use of marijuana if the employer would lose a federal contract or federal funding.

In regard to the FAQ section provided by the New York Department of Labor, I refer the readers to the below for more information.  Of course, bear in mind that this guidance and FAQ section only applies to New York employers and workers.


For additional information:  https://dol.ny.gov/system/files/documents/2021/10/p420-cannabisfaq-10-08-21.pdf

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