NY Employers Can’t Test for Marijuana, With Few Exceptions
Most employees in New York can no longer be subjected to drug testing for marijuana by their employers as part of the state’s new law that legalized adult use of marijuana.
The state Department of Labor released a FAQ document earlier in October to help guide employers when situations or questions arise around employees who legally use marijuana.
Employers are not allowed to discriminate against employees who use marijuana outside of their workplace or their work hours, according to DOL. That includes testing employees for the drug in most circumstances, even if they smell like marijuana.
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