The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year of the Marijuana Regulation and Taxation Act (“MRTA”).
The MRTA legalized the use of recreational marijuana for individuals ages 21 and older. Notably for employers, the law also amended Section 201-d of the New York Labor Law – which prohibits discrimination by an employer against an employee because of certain lawful outside work activities – to include protections for recreational cannabis use. As such, employers are now prohibited from discriminating against employees based on their use of cannabis outside of the workplace, outside of work hours, and where use does not involve the employer’s equipment or property.
Key takeaways from this guidance are discussed below.
The guidance makes clear that the prohibition on discrimination on the basis of cannabis use applies to all public and private employers in New York State, regardless of size, industry, or occupation. However, both the MRTA and Section 201-d only apply to employees and the protections therefore do not extend to independent contractors and volunteers.
Moreover, the guidance emphasizes that neither the MRTA nor Section 201-d protect the illegal use, sale, or transportation of cannabis. As such, the laws do not provide cannabis-related protections for employees who are...
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