new york city drug testing laws 2020

On May 10, 2020, New York City’s ban on pre-employment marijuana testing took effect. © 2021 Seyfarth Shaw LLP. Most employers in New York City would no longer be able to force job applicants to take drug tests for marijuana use, under a bill overwhelmingly approved this week by the City Council. 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. By way of background, on April 9, 2019, the New York City Council passed (by a 41-4 vote) a bill (Intro. Over the last several years, timely and insightful updates on this evolving area of law have become crucial both to our clients and to the broader business community, covering topics from real estate, finance and tax to workplace and employee issues. As mentioned, more states are enacting medical and recreational marijuana laws and courts have issued employee-friendly decisions addressing existing laws, which makes it particularly important for employers to stay ahead of this evolving area of the law. positions with the “potential to significantly impact the health or safety of employees or members of the public,” as determined by rules promulgated by the City. The Commission’s statement provided: On January 1, 2020, Nevada enacted a law that prohibits an employer from denying a prospective employee a job based on the presence of marijuana in a pre-employment drug test. 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 … 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. New York City’s law is the second of its kind in the country. Now, more jurisdictions are stepping in and granting certain employment protections to off-duty marijuana users. The New York City Council passed a law on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. 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. The provisions of the law do not apply to people applying to work in the following positions: The provisions of the law also do not apply to drug testing required pursuant to: On April 16, 2020, the New York City Commission on Human Rights held a hearing to consider proposed rules to clarify certain exceptions. See FindLaw's Drug Charges section to learn more. Marijuana Testing in Employment. In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term. New York's Recreational Marijuana Laws and Penalties. The Blunt Truth (TBT) is a forum that addresses the legal and practical implications of cannabis laws across the US and their impacts on the business community. New York City Adopts Rules Clarifying the “Safety-Sensitive” Exception for Pre-Employment Marijuana Tests. A previous analysis on this legislation can be found here . While it has been a challenge for employers to keep up with the explosion of medical and recreational marijuana laws spreading across the nation, employers have taken some comfort in that most of these states still grant employers the right to maintain a drug-free workplace and take action against those who test positive for marijuana, including rejecting job applicants testing positive for drugs. On May 10, 2019, a bill amending New York City’s administrative code related to prospective employee drug-testing officially became law for New York City employers. There are half a dozen multiple classes laid out for drug possession alone. No. Because New York City Mayor Bill de Blasio did not sign or veto the bill within the 30 day required time period, the bill became law on May 10 th 2019. Specifically, a position qualifies if: The City added that a “significant impact on health and safety” does not include concerns that a positive test for THC or marijuana indicates a lack of trustworthiness or lack of moral character. The bill easily passed by a 40-to-4 vote. Effective May 10, 2020, most employers in New York City will no longer be allowed to require applicants submit to a pre-employment test for cannabis. In addition, the Commission stated that it is finalizing rules that will expand the list of exceptions to the law. Jennifer Mora is senior counsel in the Labor & Employment Department of Seyfarth Shaw LLP’s Los Angeles office and a key member of the firm’s Workplace Compliance Solutions Group. The law is expected to be signed by the mayor and will take effect one year later. The state of New York has no law addressing drug testing in private employment. The rules are effective July 24, 2020. The law prohibits employers from conducting pre-employment drug testing for marijuana except in very limited circumstances. By way of background, on April 9, 2019, the New York City Council passed (by a 41-4 vote) a bill (Intro. Copyright 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. impairment would interfere with the employee’s ability to take adequate care in the carrying out of his or her job duties and would pose an immediate risk of death or serious physical harm to the employee or to other people. No. As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. Whether you are a C-suite executive, in-house counsel, HR executive or lending institution, TBT aims to be a go-to source for updates, reports and analysis on the changes in cannabis laws and regulations and how they impact your business. any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of the applicants. New York State might not be legalizing marijuana this year, in large part due to complications from the coronavirus outbreak, but at least many of those still in the workforce in New York City won’t risk being denied jobs over a positive THC test thanks to a local law that goes into effect next month.And now a city commission is proposing regulations on who exactly will be protected from … New York City employers intending to rely on this “safety-sensitive” exception should consult with experienced employment counsel to assess whether the position at issue meets the Commission’s new definition. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. We know that more states are enacting medical and recreational marijuana laws and courts have issued employee-friendly decisions addressing existing laws, which makes it particularly important for employers to stay ahead of this evolving area of the law. 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. New York drug testing must be done by a refutable drug testing laboratory. New York City has proposed a law to prohibit employers from conducting pre-employment … In jurisdictions like New York City and Nevada, which we previously reported here has a law that prohibits most employers from considering a pre-employment positive marijuana test result, employers may also need to consider working with their drug testing vendors and Medical Review Officers to ensure that job applicants are not tested for marijuana or that such tests are not reported in the final test result. With that caveat, the basic provisions of New York marijuana laws are listed in the table below. 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. In order to obtain a conviction for possession of a controlled substance or marijuana, prosecutors must prove, beyond a reasonable doubt , that: The law only addresses drug testing for pre-employment hiring procedures and does not prevent drug testing of any type for current employees. Because Mayor Bill de Blasio did not sign or veto the bill within 30 days of its passage, it became law on May 10, 2019. Nevada’s law carves out exceptions for certain safety-sensitive positions. Zero Tolerance Law A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law. certain construction jobs (as defined in the law); any position requiring a commercial driver’s license; positions requiring the supervision or care of children, medical patients, or vulnerable persons (as defined in the law); and. On April 9, the City Council passed a bill that would prevent most employers from requiring job applicants to submit to drug tests for tetrahydrocannabinols (THC), the active ingredient in marijuana. While the law does not go into effect until May 10, 2020, it is the first of its kind in the nation. Although marijuana is still illegal under federal law, many states have legalized its … certain construction jobs (as defined in the law); any position requiring a commercial driver’s license; positions requiring the supervision or care of children, medical patients, or vulnerable persons (as defined in the law); and. All Rights Reserved. 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. UPDATE: This ordinance became law on May 10, 2019.On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. 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. Federal Drug Testing Laws Job applicants or employees in positions such as airline pilots, bus drivers, railroad employees, taxi drivers, and truck drivers are regulated by the Department of Transportation and must comply with federal laws, which require applicants to take and pass a pre-employment urine test. The law states that it does not apply to people applying to work in the following positions: The law also does not apply to drug testing required pursuant to: (1) Department of Transportation (Part 40) or state or local drug testing regulations; (2) federal contracts between the federal government and an employer or any grant of federal assistance from the federal government to an employer that mandates drug testing; (3) any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security; and (4) any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of the applicants. New York's drug laws are complex. The New York City Council passed a law on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. Now more than ever, employers in all jurisdictions should review their existing drug testing or substance abuse policies and determine how best to address any applicant or employee positive test result for marijuana. As we previously reported here, 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. A blog chronicling the evolution and implementation of marijuana laws in the United States. New York City Ban On Pre-Employment Marijuana Testing Takes Effect, But Not For All Workers As of Sunday, many New York City employers are no longer able to require pre-employment drug testing for marijuana as a part of the hiring process—though there are a series of exemptions to the policy, including some that are still being finalized. UPDATE: The bill was enacted on May 10, 2019 and will take effect on May 10, 2020. Employers in all jurisdictions should review their existing drug testing or substance abuse policies and determine how best to address any applicant or employee positive test result for marijuana. On May 10, 2020, a law passed by the New York City Council – Int. On June 16, 2020, the Commission issued rules that set out the types of positions that fit within this exception. The rules are effective July 24, 2020. May 8, 2020. As noted above, the law does not apply to positions with the “potential to significantly impact the health or safety of employees or members of the public,” as determined by rules promulgated by the City. the position requires that an employee regularly, or within one week of beginning employment, work on an active construction site; the position requires that an employee regularly operate heavy machinery; the position requires that an employee regularly work on or near power or gas utility lines; the position requires that an employee operate a motor vehicle on most work shifts; the position requires work relating to fueling an aircraft, providing information regarding aircraft weight and balance, or maintaining or operating aircraft support equipment; or. An employee who tested positive for a drug test could request for a … Department of Transportation (Part 40) or state or local drug testing regulations; federal contracts between the federal government and an employer or any grant of federal assistance from the federal government to an employer that mandates drug testing; any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security; and. In Nevada, AB 132, effective January 1, 2020, makes it … No. Yet, the tide seems to be shifting, with more courts granting pot smokers certain rights and finding that employers are required to comply with federal and state disability laws when confronted with medical marijuana users. The… The laws in Nevada and New York City tackle the issue of pre-employment testing in different ways. New York City Council passed this law on April 9, 2019. In a law that went into effect on Sunday, May 10, 2020, New York City … 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. 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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. In jurisdictions like New York City and Nevada, which we previously reported here has a law that prohibits most employers from considering a pre-employment positive marijuana test result, employers may also need to consider working with their drug testing vendors and Medical Review Officers to ensure that job applicants are not tested for marijuana or that such tests are not reported in the final test result. New York City Will Ban Pre-Employment Marijuana Testing in 2020 By Kathryn J. Russo on April 12, 2019. Drug testing in New York could involve blood tests, urine tests, hair and saliva tests, breath analyzers and sweat patches. No New York Drug Testing Laws Although many states have passed laws regulating or restricting an employer’s right to require drug testing, New York is not one of them. positions with the “potential to significantly impact the health or safety of employees or members of the public,” as determined by rules promulgated by the City. On June 16, 2020, the New York City Commission on Human Rights adopted new rules clarifying the catch-all “safety-sensitive” exception to the prohibition against New York City employers requiring job applicants to submit to a pre-employment drug test for THC (marijuana or cannabis). Seyfarth Synopsis: On June 16, 2020, the New York City Commission on Human Rights adopted new rules clarifying the catch-all “safety-sensitive” exception to the prohibition against New York City employers requiring job applicants to submit to a pre-employment drug test for THC (marijuana or cannabis). The law becomes effective May 10, 2020, giving New York City employers one year to prepare. November 19, 2020 (enacted December 20, 2020; effective April 19, 2021) A Local Law to amend the administrative code of the city of New York, in relation to requiring the commission on human rights to create an anti-discrimination poster that includes age discrimination and requiring city agencies to display the poster in employee common areas. The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. The law doesn’t go into effect until May 2020, which gives affected companies time to rework their policies, but Wilson said he’s already seen a shift away from pre-employment drug testing as … In this June 20, 2018 photo, marijuana and a pipe used to smoke it are displayed on a mirror in New York.

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