This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Further, the law applies to employers that maintain four or more employees, contractors, or freelancers at any time during the 12 months before the start of the discriminatory act. 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 Pre-Employment Marijuana Testing. Federal Circuit’s NIKA Technologies Decision Reinforces Importance of Asking Questions in Debriefings for DoD Procurements, More Uncertainty for Pending Modifications to Buy American Act Federal Acquisition Regulations, CBD and Hemp Legal and Regulatory Roundup – February 2021 #2, EPA Extends Coronavirus Enforcement Against On-Line Sales of Unregistered Disinfectants, U.S. Imposes Targeted Sanctions and Export Control Restrictions on Burma. Given the employee-friendly nature of much New York employment law, the state’s lack of restrictions on random drug testing may be surprising. The totals include sales of both recreational and medical marijuana. Specifically, the law states: 2. NYS Hepatitis C Information Line: 1-800-522-5006 Terminate employment for misconduct. 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. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. Employers should continue to post-incident drug testing pursuant to a state or federal law, including DOT testing and Workers’ Compensation Drug Free Workplace policies, because OSHA section 1904.35(b)(1)(iv) does not apply to drug testing under state workers’ compensation law or other state or federal law. The law does not apply to certain safety-sensitive positions. Know your rights when it comes to drug testing. Necessary cookies are absolutely essential for the website to function properly. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. © Kelley Drye & Warren LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. The New York office of the Drug Policy Alliance works to promote sensible drug policies and to build a movement to end the drug war in New York State. NYS HCV Testing law and recommendations. Defined Contribution Health Plans—A rule finalized in 2019 (84 Fed. January 1, 2020: Settlement agreements cannot bar individuals from speaking to an attorney, the New York State Division of Human Rights, the EEOC, local human rights commissions, or any other form of law enforcement. This testing should comply with DOT regulations 49 CFR Part 40. The law goes into effect May 9.2020. New York's Recreational Marijuana Laws and Penalties. No. NEW YORK (CBSNewYork) — Limousines will now be required by law to have more safety features in New York State. 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. On May 10, 2020, a law passed by the New York City Council – Int. The salary threshold for an “exempt” employee under the FLSA executive, administrative, or professional exemption is now $648 per week, or $35,568 annually. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below). The changes take effect for plan years beginning on or after January 1, 2020. See FindLaw's Drug Charges section to learn more. There are specific jobs excluded from the new law, including 1) safety and transportation related positions; 2) caregivers; 3) jobs where the drug testing is required by federal or state law, or required pursuant to a contract with the federal government; and 4) jobs in which a collective bargaining agreement requires drug testing. The law was amended in late 2019 to prohibit retaliation against individuals requesting a reasonable accommodation. Employment as well as pre-employment drug testing laws by state vary. Instead, it measures the presence of a drug in one’s body. SAMHSA certified laboratories highly recommended. There are exemptions including DOT testing and safety sensitive positions. New York City has proposed a law to prohibit employers from conducting pre-employment drug testing for THC (marijuana). 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. 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. State in your drug free workplace policy that a refusal to test or a positive test is misconduct. It is mandatory to procure user consent prior to running these cookies on your website. Andrew Cuomo is poised to sign new safety regulation laws. In August 2019, Governor Cuomo signed groundbreaking legislation amending the NYSHRL, which we covered. The law becomes effective May 10, 2020, giving New York City employers one year to prepare. This chart is intended for informational purposes only and should not be relied upon for legal guidance. The law goes into effect May 9.2020. Build a Morning News Brief: Easy, No Clutter, Free! New York City Will Ban Pre-Employment Marijuana Testing in 2020 By Kathryn J. Russo on April 12, 2019 The New York City Council passed a law on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana.
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