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State/Local Posting Requirements. Effective May 10, 2020, New York City employers are prohibited from requiring job applicants to submit to a pre-employment drug test that screens for cannabis. The term “applicant” expressly includes part-time, seasonal and temporary workers. As we previously reported, all New York State employers are prohibited from inquiring about a job applicant’s (or current employee’s) salary or wage history when interviewing, hiring, promoting or making employment decisions. Effective May 10, 2020, New York City employers are prohibited from requiring job applicants to submit to a pre-employment drug test that screens for cannabis. New York protects applicants from certain types of discrimination that are not protected under federal laws against discrimination. Paid leave—Another benefit increase is set to take effect January 1, 2020, under New York’s Paid Family Leave (PFL) Benefit Law. Further, to the extent that a collective bargaining agreement requires drug testing, the law will not apply to such testing. However, the list of states allowing medical and recreational use of marijuana continues to expand. Subject to exceptions for a limited number of specific occupations (e.g., police officers, commercial truck drivers), the new law considers it an “unlawful discriminatory practice” to require applicants for employment to “submit to testing for the presence of any tetrahydrocannabinol or marijuana.”. No. No. On May 10, 2019, Int. Specifically, the law provides that an employer shall not “discriminate nor take any retaliatory personnel action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of the employee’s or dependent’s reproductive health decision-making, including, but not limited to, a decision to use or access a particular drug, device or medical service.”. Please see our Act Now Advisory for further details related to these exceptions. That said, employers should avoid any disciplinary action against employees who are certified medical marijuana users, as they may be considered to have a recognized disability under New York law. In addition, the law restricts employers from accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision-making. We use cookies on this website to enhance your browser experience. Additionally, such information cannot be used to justify paying an employee less than employees in other protected classes who are performing substantially similar work under the Equal Pay Act. The Nevada pre-employment marijuana screening bill also differs from the one New York City passed in April. Home > New Legislation > New York City Will Ban Pre-Employment Marijuana Testing in 2020. As we previously reported, on April 9, 2019, the New York City Council passed Int. On May 10, 2019, the New York City Administrative Code was amended to prohibit pre-employment drug testing for the presence of marijuana or Tetrahydrocannabinols. 1445-A became law by operation of the New York City legislative process, which automatically made the bill law after 30 days without action by Mayor de Blasio. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Click here to read more about how we use cookies. In addition to the steps that we have previously suggested, employers should consider the following actions: Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. The New York State Department of Labor has issued new guidance clarifying employers’ obligations under the law. The law is expected to be signed by the mayor … Because New York’s salary threshold for the administrative and executive exemptions is greater than the federal threshold, New York employers must comply with the higher state threshold for those exemptions. Those facilities are able to prescribe non-smokable preparations (i.e. But, “workplace drug testing policies must comply with both state and federal laws.” The new law applies to most companies, but there would still be strict regulations for jobs where safety was a primary concern, like law enforcement, commercial transportation and health care jobs. Under the law, employers, labor organizations, and employment agencies, and all of their agents, are prohibited from requiring a prospective employee to submit to a marijuana or THC drug test as a condition of employment. The New York City Commission on Human Rights issued a written reminder on May 8, 2020 that the law prohibiting pre-employment marijuana testing is effective on May 10, 2020. As a result, employers may still prohibit cannabis use as a matter of policy, test current employees for cannabis use and administer discipline for violations of the employer’s drug policy. The law goes into effect May 9.2020. NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law, Employment Training, Practices & Procedures, Make Sure It’s a Good Fit: The CDC Issues Revised COVID-19 Mask Guidance, Latest New York State Department of Labor Guidance Significantly Expands COVID-19 Sick Leave Obligations, Roadmap to Compliance: Major Employment Laws Effective as of January 2021 and Beyond, Non-Compete Laws: Connecticut – 2021 Update, Remote Workforce or Not, New Jersey Employers Must Ensure Notices and Posters Remain Up to Date, employment, labor, and workforce management. The law only addresses drug testing for pre-employment hiring procedures and does not prevent drug testing of any type for current employees. New York City has proposed a law to prohibit employers from conducting pre-employment drug testing for THC (marijuana). Starting in 2020, it will be unlawful for employers in Nevada to refuse to hire someone based on the presence of marijuana in pre-employment drug screenings. While cannabis use remains illegal under federal law, and is only permitted for medical use in New York and in many other states, an increasing number of states have legalized cannabis use for off-duty recreational purposes. For more information, visit www.ebglaw.com and subscribe to our email lists. The law also does not apply to drug testing required by certain contracts and laws, including federal or state statutes, regulations, or orders that require drug testing for the purpose of safety or security. Build a Morning News Brief: Easy, No Clutter, Free! The New York City Council passed a law on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. Note that even if there are no explicit New York drug testing laws, alcohol testing and random drug testing of those working as law enforcers and correction officers are mandatory. The state in June 2019 became the first in the nation to pass such a law. There are exemptions including DOT testing and safety sensitive positions. There are details on implementing a drug-testing program . Scheduling a drug, hair, alcohol or any testing service at any of our New York testing facilities is simple and easy. Effective May 10, 2020, many NYC employers will be prohibited from requiring prospective employees to take a marijuana or THC drug test as a condition of employment. Given the broad scope of the new law, most private employers in New York City will be precluded from requiring pre-employment marijuana and THC drug tests effective May 10, 2020. The law, enacted in 2016, is being phased in over a number of years. Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. In addition, employers should take note of the following issues as they plan for the year ahead. By way of background, on April 9, 2019, the New York City Council passed (by a 41-4 vote) a bill (Intro. New York — A new law in New York City bans employers, labor organizations and employment agencies from testing job applicants for marijuana and tetrahydrocannabinols, or THC – the active ingredient in marijuana. On May 10, 2019, Int. The federal stance on marijuana is crystal clear: Its possession and use are illegal. Unemployment compensation—Beginning January 1, 2020, the Farmworkers Fair Labor Practices Act g… Determine whether you are a covered employer, and if so, review and potentially revise your drug-testing requirements to ensure that they will not violate the new prohibition, and be prepared to cease pre-employment drug screening for marijuana and THC. New York does not prohibit drug testing for job applicants, but the state's highest court has recognized a claim for negligent testing. For current employees applying for new positions within the same company, the employer may consider information within its possession regarding compensation history with that employer, but cannot ask about compensation from prior employers. 1445-A became law by operation of the New York City legislative process, which automatically made the bill law after 30 days without action by Mayor de Blasio. Exempt status under both exemptions is based on (1) the payment of a minimum exempt salary; and (2) whether the employee meets the duties test of the applicable exemption. On May 10, 2020, a law passed by the New York City Council – Int. The law reflects the growing acceptance of marijuana in New York, both for recreational and medicinal use. Let’s look at state and local requirements. The law becomes effective May 10, 2020, giving New York … The federal government does not recognize any medical uses and considers marijuana as having a high potential for abuse and dependence. Employers are encouraged but not required to proactively state in their job postings that they do not seek salary history information from job applicants. In addition, the Commission stated that it is finalizing rules that will expand the list of exceptions to the law. For example, the law will not apply to employees in the following roles: safety-related positions, transport-related positions, caregivers, and certain federal contractors. tinctures, edibles) of marijuana to people with cancer, glaucoma, or other diseases on a state list. Moreover, New York law does not give anyone, even if certified as a medical marijuana patient, the right to smoke marijuana, use it in a public place, or be “impaired” at work. While no specific guidance has been issued on the appropriate form of notice, employees should amend their handbooks to specify “reproductive health decision-making” as a protected class and include an appropriate notification regarding available rights and remedies. Call (800) 977-8664 or you may schedule a test online 24/7 by clicking the ‘Order a Test’ button and receive your donor pass/registration form with the testing center address and instructions via email.. We Have Drug, Hair and Alcohol Testing Centers in all cities in New York. No New York Drug Testing Laws. Pacific coastal states like Alaska, California, Oregon, and Washington have added recreational … We encourage employers with New York operations to review our prior guidance, particularly with regards to compliance with harassment and discrimination laws. Determine whether any of your employees fall within one of the many carve-outs and exceptions provided under the law and if so how the Company will implement the testing for such individuals. As of December 31, 2019, the minimum wage for New York employers is: New York has increased the minimum salary an employee must be paid in order to qualify for the administrative or executive exemption under state wage and hour law. Effective January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. Research the Law. The new law will become effective on May 10, 2020, one year after it became law. Marijuana still is a Schedule I substance under the federal Controlled Substances Act. Accordingly, New York employers who rely upon the professional exemption must only comply with the federal salary threshold. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current … Labor and Employment Law for the Health Care Industry. 1445-A, which bars employers – with some broad exceptions discussed below – from requiring job applicants to submit to preemployment drug testing for the active ingredient in marijuana. Importantly, the law requires employers who have a handbook to include in the handbook a notice of rights and remedies available under the new law. See N.Y. Pub. Effective May 10, 2020, it is considered an unlawful discriminatory practice in New York City for an employer, labor organization, or employment agency to require a job applicant to submit to a marijuana test as a condition of employment. The laws in Nevada and New York City tackle the issue of pre-employment testing in different ways. New York allows for the limited use of medical marijuana within the state. The prohibition on inquiring into salary history also includes inquiries into benefits and other forms of compensation the employee or applicant received from prior employers. Although New York drug possession laws divide controlled-substance and marijuana-related offenses into two separate groups, the elements of the offenses are essentially the same. However, New York’s minimum salary threshold applies only to the administrative and executive exemptions, not the professional exemption. New York City employers that conduct pre-employment tests for cannabis may continue to do so until May 10, 2020, the effective date of the recent legislation. In Part 1, we looked at federal employment laws that were changing. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. However, their testing practices should be adjusted accordingly in anticipation of that effective date. Follow the firm on Twitter, Facebook, Google+, Instagram, YouTube, and LinkedIn. By continuing to use this site or by clicking the button below, you are providing us with your consent to our use of cookies on the site. While the duties test for these exemptions remains unchanged, effective December 31, 2019, the minimum exempt salary is: Effective January 1, 2020, the minimum exempt salary under the federal Fair Labor Standards Act increased to $684 per week ($35,568 annually) for the executive, administrative and professional exemptions. 1445-A, barring most employers from conducting any pre-employment testing for marijuana or THC. No. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. As of May 10, 2020, New York City Will Prohibit Testing Job Applicants for Marijuana July 3, 2019 On April 9, 2019, the New York City Council passed Int. Beginning on the effective date of the new section of the law, which is May 10th 2020, it will be considered an unlawful discriminatory practice for an employer, labor organization, or employment agency to require an applicant to submit to marijuana testing as a condition of employment. This ban is the first of its kind in the United States and becomes effective on May 10, 2020, one year after its enactment. For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”. The pertinent points are as follows: DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Drug Testing Laws: New Yorkby Kathryn J. Russo, Jackson Lewis PC, with Practical Law Labor & Employment Related Content Law stated as of 16 Nov 2020 • New York, United StatesA Q&A guide to drug testing law for private employers in New York. This conduct is now characterized as an “unlawful discriminatory practice.” There are, however, several exceptions to the law. New York Employers: Prepare for Changes to Harassment, Discrimination and Equal Rights Laws, Digital Health Trends Shaping 2021: Traditional Retail, Tech & Telecom Giants Making Big Moves, Digital Health Trends Shaping 2021: Virtual Care 2.0: The Future of Digital Health, Digital Health Trends Shaping 2021: Prioritizing Diversity & Striving for Greater Representation, The ICO Age-Appropriate Design Code of Practice: Steps to Take in 2021 To Protect Children’s Privacy, $13 per hour for Westchester, Nassau and Suffolk County employers, $11.80 for employers in the remainder of New York State, $1,125.00 per week ($58,500 annually) for New York City employers, $975.00 per week ($50,700 annually) for Westchester, Nassau and Suffolk County employers, $885.00 per week ($48,750 annually) for employers in the remainder of New York State. To embed, copy and paste the code into your website or blog: As outlined in our prior alert, a multitude of changes in New York employment law have either gone into effect or will be in effect soon. No more than twenty dispensaries can operate statewide. Radom New York drug testing should be unannounced and non-routine testing applied indiscriminately to some and not every employees in the work place. See Discrimination Laws. Instead, it measures the presence of a drug in one’s body. 1445-A – will take effect and prohibit employers in New York City from requiring prospective employees to submit to drug testing for the active ingredient in marijuana, tetrahydrocannabinols (THC), in their system as a … If the drug-screening law is enacted, it would put New York in relatively uncharted territory. For 2020 there are also an abundance of state labor laws changing. Employers may ask job applicants for their salary expectations for the open position. Notably, the ban applies only to applicants for employment. Perhaps not surprisingly, New York City went one step further when it passed an Int. Effective May 10, 2020 New York City has passed a regulation which will classify pre-employment testing for THC, the active ingredient in marijuana, as a discriminatory practice. Although marijuana is still illegal under federal law, many states have legalized its use for medical and recreational purposes. Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked “optional.”. To learn more about cookies and how we use them, please review our privacy policy. See Drug Testing. The Commission’s statement provided: Some states have comprehensive drug-testing laws that regulate or prohibit testing in the private or public sector, but New York does not have such a law. Look out for any rules or regulations published by the City to facilitate and guide implementation of the law. Illinois, for example, recently legalized recreational marijuana use as of January 1, 2020. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, New York is not one of them. Unfortunately, drug testing typically cannot measure impairment per se. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. To prepare for compliance with the new law, employers should work with their drug screening vendors to ensure that they do not screen for cannabis. There is an average of 75 new or changed state/local labor law poster requirements every year. As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. 2020 Update – Regardless of CDL license status – for hire drivers of transporting 10 or more people at a time to submit to mandatory pre-employment drug testing. 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