Scheduling a drug, hair, alcohol or any testing service at any of our New York testing facilities is simple and easy. State/Local Posting Requirements. 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. Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. New York employers are therefore free to implement testing policies at their own discretion. New York City Will Ban Pre-Employment Marijuana Testing in 2020 By Kathryn J. Russo on April 12, 2019. New York allows for the limited use of medical marijuana within the state. In Nevada, AB 132, effective January 1, 2020, makes it … There are details on implementing a drug-testing program . Founded in 1973 as an industry-focused firm, Epstein Becker Green has decades of experience serving clients in health care, financial services, retail, hospitality, and technology, among other industries, representing entities from startups to Fortune 100 companies. To learn more about cookies and how we use them, please review our privacy policy. As we previously reported, on April 9, 2019, the New York City Council passed Int. The law goes into effect May 9.2020. Effective May 10, 2020, New York City employers are prohibited from requiring job applicants to submit to a pre-employment drug test that screens for cannabis. By continuing to browse this website you accept the use of cookies. The law is expected to be signed by the mayor … 1445-A became law by operation of the New York City legislative process, which automatically made the bill law after 30 days without action by Mayor de Blasio. Look out for any rules or regulations published by the City to facilitate and guide implementation of the law. For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”. See Discrimination Laws. Kathryn Russo, an attorney with Jackson Lewis in Melville, N.Y., feels that there are so many new developments with drug-testing and marijuana laws, it's hard for employers to keep up. Importantly, the law requires employers who have a handbook to include in the handbook a notice of rights and remedies available under the new law. Medical Marijuana Laws in New York. 1445-A, barring most employers from conducting any pre-employment testing for marijuana or THC. Determine whether any of your employees fall within one of the many carve-outs and exceptions provided under the law and if so how the Company will implement the testing for such individuals. The state of New York has no law addressing drug testing in private employment. No. NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law, Employment Training, Practices & Procedures, Make Sure It’s a Good Fit: The CDC Issues Revised COVID-19 Mask Guidance, Latest New York State Department of Labor Guidance Significantly Expands COVID-19 Sick Leave Obligations, Roadmap to Compliance: Major Employment Laws Effective as of January 2021 and Beyond, Non-Compete Laws: Connecticut – 2021 Update, Remote Workforce or Not, New Jersey Employers Must Ensure Notices and Posters Remain Up to Date, employment, labor, and workforce management. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current … To prepare for compliance with the new law, employers should work with their drug screening vendors to ensure that they do not screen for cannabis. New York Code The Nevada pre-employment marijuana screening bill also differs from the one New York City passed in April. Subject to exceptions for a limited number of specific occupations (e.g., police officers, commercial truck drivers), the new law considers it an “unlawful discriminatory practice” to require applicants for employment to “submit to testing for the presence of any tetrahydrocannabinol or marijuana.”. 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Please see our Act Now Advisory for further details related to these exceptions. © Fenwick & West LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. Because New York’s salary threshold for the administrative and executive exemptions is greater than the federal threshold, New York employers must comply with the higher state threshold for those exemptions. As of December 31, 2019, the minimum wage for New York employers is: New York has increased the minimum salary an employee must be paid in order to qualify for the administrative or executive exemption under state wage and hour law. Call (800) 977-8664 or you may schedule a test online 24/7 by clicking the ‘Order a Test’ button and receive your donor pass/registration form with the testing center address and instructions via email.. We Have Drug, Hair and Alcohol Testing Centers in all cities in New York. While the duties test for these exemptions remains unchanged, effective December 31, 2019, the minimum exempt salary is: Effective January 1, 2020, the minimum exempt salary under the federal Fair Labor Standards Act increased to $684 per week ($35,568 annually) for the executive, administrative and professional exemptions. Click here to read more about how we use cookies. Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked “optional.”. The law, enacted in 2016, is being phased in over a number of years. Moreover, New York law does not give anyone, even if certified as a medical marijuana patient, the right to smoke marijuana, use it in a public place, or be “impaired” at work.
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