On March 31, 2021, New York Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act into law, making New York the latest state to legalize recreational marijuana.
Now, employers may not take adverse action against an employee because of their legal use of marijuana prior to the beginning or after the conclusion of the employee’s work hours, provided such use takes place off the employer’s premises, and without the use of the employer’s equipment or other property.
Specifically, they may need to revise their off-duty conduct rules, drug free workplace policies, and drug testing programs. However, employers may continue to maintain and enforce policies prohibiting employees from using or possessing marijuana in the workplace or working while “impaired” by the use of marijuana.
For more than 20 years, Chris has represented management clients in litigation alleging employment discrimination, sexual harassment, retaliation, breach of contract, as well as cases involving non-compete agreements and compensation disputes.
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