Can New York Employers Drug Test Most Employees For Weed?

Can New York Employers drug test most of their employees for weed? Here's everything we know from the New York State Department of Labor after they released new guidance.

Can New York Employers Drug Test Most Employees For Weed And Marijuana?

Can New York Employers drug test most of their employees for weed? Here's everything we know from the New York State Department of Labor after they released new guidance.

Things You Should Know About the New York Marijuana Legalization Law

On March 31, 2021, New York State Governor Andrew Cuomo signed a bill legalizing adult-use cannabis consumption, called the New York State Cannabis/Marijuana Regulation & Tax Act. Here are the 13 Things You Need To Know About The New York State Law

Legal Sales of Marijuana in New York Will Likely Take Years

Sorry to ruin your high. Despite lawmakers reaching a deal to legalize pot across New York lawmakers say it's gonna be a long time before sales start. Here's why.

From A to Z: Delicious Food Trucks Worth The Visit in Central New York

Pizza, ice cream, barbeque, hot dogs, sandwiches and more, there's something for everyone. That's what is so great about the food truck rallies we get to enjoy regularly. The best part? They are all locally owned and operated.

From A to Z: here's just a few that were suggested.

According to that new guidance, employers must cite “articulable symptoms of impairment” in almost any effort to take action against an employee.

Also according to this guidance, employers may prohibit marijuana use during work hours, including meal, break, and on-call periods. They may also prohibit marijuana possession on or in company property. However, they can't fire you or drug test you for it unless the employer has not adopted an explicit policy prohibiting use. That means, the employee manifests specific articulable symptoms of impairment that include:

• Decrease or lessen the performance of their duties or tasks
• Interfere with an employer’s obligation to provide a safe and healthy workplace, free from recognized hazards, as required by state and federal occupational safety and health laws

Recreational marijuana use in New York State was legalized for those 21 and older back in March. The state has yet to set up an official distribution method for cannabis sales, but penalties for possession of under three ounces have been eliminated.

Here are 5 of the frequently asked questions with the new guidance. You can read the full guidance online.

1) Is illegal cannabis use protected?

Only the legal use of cannabis by adults over the age of 21 under New York State law is protected.

2) Can an employer test for cannabis?

No, unless the employer is permitted to do so pursuant to the provisions of Labor Law Section 201-D(4-a) or other applicable laws.

3) Can I fire an employee for having a noticeable odor of cannabis?

The smell of cannabis, on its own, is not evidence of symptoms of impairment under Labor Law Section 201-D.

4) Are employers required to hire an employee back who was previously terminated for now legal cannabis use or a related expunged crime?

No, the law does not require employers to rehire former employees.

5) Can employers prohibit use of cannabis during meal or break periods?

Yes, employers may prohibit cannabis during “work hours."

Stunning Photos Of Powerful Northern Lights In The Adirondacks

A solar storm hit Earth and brought with it a spectacular light show visible as far south as New York. In the Adirondacks, one photographer captured all of the magic.

Meet Patrick Bly. He's the man responsible for these amazing photos of the Northern Lights in the Adirondacks.

Source: Can New York Employers Drug Test Most Employees For Weed?