Friday, April 9, 2021
On March 31, 2021, New York Governor Andrew Cuomo signed into law the Marihuana Regulation and Taxation Act (MRTA), which legalizes the adult recreational use of marijuana and revises Section 201-d of the New York Labor Law. The MRTA’s antidiscrimination employment provisions took effect immediately.
Under existing law, Section 201-d of the New York Labor Law prohibits discrimination in employment based on a person’s lawful, off-duty “[r]ecreational activities” or “[p]olitical activities.” The MRTA amends the law to make it unlawful for an employer to refuse to hire, discharge, or otherwise discriminate against persons who legally use cannabis before or after working hours, off the employer’s premises, and without the use of the employer’s property. The MRTA specifies, however, that an employer is not in violation of Section 201-d where:
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Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in
Jin v. Shanghai Original, Inc. et al[1] is a good reminder that, even after a class is certified, class treatment must remain appropriate throughout the litigation. In
Jin, the Second Circuit upheld the decertification of a class after “red flags” alerted the court that plaintiffs’ counsel was no longer serious about taking the case to trial. The opinion is particularly significant in practice areas where settlement is the expectation and trial the exception and it provides a roadmap for defense counsel contemplating a motion to decertify if class counsel does not remain diligent. Whether to do so may depend on the case. A class decertified for counsel’s failures of representation may just be scooped up and reasserted by a different (and more adequate) lawyer. But in cases with serious proof prob
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On March 31, 2021, New York Governor Andrew Cuomo signed into law the Marihuana Regulation and Taxation Act (MRTA), which legalizes the adult recreational use of marijuana and revises Section 201-d of the New York Labor Law. The MRTA’s antidiscrimination employment provisions took effect immediately.
Under existing law, Section 201-d of the New York Labor Law prohibits discrimination in employment based on a person’s lawful, off-duty “[r]ecreational activities” or “[p]olitical activities.” The MRTA amends the law to make it unlawful for an employer to refuse to hire, discharge, or otherwise discriminate against persons who legally use cannabis before or after working hours, off the employer’s premises, and without the use of the employer’s property. The MRTA specifies, however, that an employer is not in violation of Section 201-d where:
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On March 31, 2021, Gov. Andrew Cuomo signed into law the New York Marihuana Regulation and Taxation Act (MRTA), making New York the latest state to join a growing list of states and territories to legalize recreational use of cannabis for adults 21 and older. Effective immediately, the new law expands employment protections for lawful off-duty conduct to specifically include the use of cannabis as discussed below.
Employment Protections for Lawful Off-Duty Conduct Now Include the Use of Cannabis
New York has long protected employees from discrimination based on an employee’s lawful off-duty conduct, including political activities, the legal use of consumable products such as alcohol and tobacco and other legal recreational activities outside work hours and off the employer’s premises. The MRTA amended New York’s protected off-duty conduct law (New York Labor Law § 201-d) to specifically include protections for