Although the MRTA expressly states that it is not intended to limit the authority of employers to enact and enforce policies pertaining to cannabis in the workplace, it does create certain restrictions on that authority. Employers should be aware of the following important points, effective immediately:
1. Employers may not discriminate on the basis of off-duty, off-premises use of cannabis. The new law adds the legal use of cannabis to the protections of New York Labor Law Section 201-d, which prohibits employers from discriminating against an applicant or employee for certain off-duty legal activities. This means that employers may not refuse to hire, terminate, or take other adverse action against an individual who uses cannabis lawfully while off-duty and off-premises. Employers still may enforce policies prohibiting employees from cannabis use or possession during work hours (including paid and unpaid breaks), on employer premises, and while using an employer’s equipment or other property, such as a company car.
If you have any questions relating to the MRTA or would like guidance in reviewing and revising your drug testing, criminal background check, drug-free workplace or other policies, please feel free to reach out to the NFC Attorney with whom you typically work or call us directly.
By clicking this button and submitting information to us, you will be submitting certain personally identifiable information, or information which used together with other information, can be used to identify you and/or identify information about you, to Nukk-Freeman & Cerra, PC (“NFC”). Such information may be used by NFC to contact or identify you. Personally identifiable information may include, but is not limited to, your [name, phone number, address and/or] email address. We collect this information for the purpose of providing services, identifying and communicating with you, responding to your requests/inquiries, and improving our services. We may use your personally identifiable Information to contact you with time sensitive employment law e-alerts, marketing or promotional offers, invitations to complimentary and informational webinars and seminars, and other information that may be of interest to you. However, by providing any of the foregoing information to you, we are not creating an attorney-client relationship between you and NFC: nor are we providing legal advice to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link in any email we send. However, this will not unsubscribe you from receiving future communications from us which are based upon an independent request, relationship or act by you.