State & Local Employment Law Developments: Q2 2021 | Faegre Drinker Biddle & Reath LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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For New York employers, the new state law that legalizes cannabis also modifies the New York Labor Law (NYLL) to impose restrictions on employers and add protections for employees concerning the recreational use of marijuana.
Signed into law by Gov. Andrew Cuomo on March 31, 2021, the New York Marihuana Regulation and Taxation Act (the Act)[1] legalizes for adults the personal possession and home cultivation of marijuana, allows for the expungement of certain marijuana convictions and sets up a framework for businesses to apply for grow and distribution licenses.
For employers, effective immediately, the Act prohibits discrimination against workers based on the legal use or possession of marijuana products while off duty and outside the workplace subject to a few exceptions discussed below.
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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
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On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers from discriminating against workers based on the legal
1 use or possession of marijuana products while off duty and outside the workplace, with few exceptions. The law also provides a private right of action for employees claiming to be harmed by such alleged discrimination.
Employer Drug and Alcohol Rules Permitted Under the Act. The Act permits employers to continue certain fundamental drug-free workplace rules: