New York Workplace Cannabis Policy And MRTA Compliance.pdf

p420-cannabisfaq-10-08-21.pdf
Preview of New York Workplace Cannabis Policy and MRTA Compliance
🔗 Source: cannabis.ny.gov
📊 Size: 441 KB
👤 Author: NYS DOL
⬇️ Downloads: 36

Summary

- Discrimination: Employers cannot discriminate against employees for using cannabis outside of work, off-duty, and without using employer's equipment or property.
- Permitted Actions: Employers can take action if:
- Required by state or federal law
- Violation of federal law
- Loss of federal contract or funding
- Employee shows symptoms of cannabis impairment that decrease work performance or threaten workplace safety
- Protected Use: Only legal use of cannabis by adults (21+) is protected. Illegal use is not.
- Impairment: Employers can act against impaired employees, but symptoms must be objectively observable and not solely based on drug tests or odor.
- Remote Work & Leave: MRTA and NY Labor Law Section 201-D apply only to employees in New York. Employers can't prohibit cannabis use during leave unless allowed by Section 201-D(4-a).
- Work Hours & Property: Employers can prohibit cannabis use during work hours, on-call, and on company property, including vehicles.
- Policies: Employers cannot prohibit off-duty cannabis use (unless allowed by Section 201-D(4-a)), require promises not to use cannabis, or rehire based on past cannabis use.

Description

Employers are prohibited from discriminating against employees based on cannabis use outside work hours and without use of employer's equipment or property. The MRTA amended New York Labor Law Section 201-D to clarify this.

Technical Information

  • File Format: PDF
  • File Size: 441 KB
  • Pages: 3
  • Language: EN
  • Author: NYS DOL
  • Total Downloads: 36
  • Last Updated: 2 weeks ago

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