The NY Department of Labor has updated its rules on the adult use of cannabis and how it can be affected in the workplace. The Department of Labor has prohibited drug testing for cannabis in adults aged of 21 and older.
Cannabis use in the Workplace
The use of cannabis in the workplace can still be prohibited by the employer under the new labor law passed by the NY Department of Labor. It is up to the employer to set up such rules. The NY Department of Labor also explained that the employer is allowed to take action if the employee has possession of cannabis at the workplace. Employers cannot discriminate against employees for having a noticeable odor of cannabis but can take action if they are seen using cannabis during worktime or on breaks. The NY Department of Labor stresses under no circumstances is the employer allowed to drug test employees for cannabis.
Cannabis outside the Workplace
The NY Department of Labor explains that under labor law, employees are allowed the use of cannabis outside of the workplace as long as it does not interferre with worktime. Employees are allowed the use of cannabis on their own time without the fear of being srug tested for it. For remote work, the NY Department of Labor does not consider the employees private residence as a “worksite” however, the employer can still take action if the employee shows symptoms of impairment during worktime.
Visit our product page to purchase a labor law subscription or individual labor poster to make sure your company stays in compliance. For more information visit the New York Department of Labor website.