New York Updates Off-Duty Conduct Law To Protect Employees Who Use Cannabis Off The Clock
New York’s off-duty conduct law prohibiting employers from taking action against employees for lawful activity done while off the clock now includes cannabis, a byproduct of the state’s legalization of pot last month.
Here’s the gist, which comes via a helpful primer published by The National Law Review.
New York has a law barring employers from any discrimination against employees for various lawful activities performed outside the job, which include political activities (like running for office or campaigning on behalf of a candidate), recreational activities, and the consumption of certain legal products.
That last part is most relevant here. The off-duty conduct law now covers an individual’s legal use of consumable products, “including cannabis in accordance with state law, prior to the beginning or after the conclusion of the employee’s work hours, and off of the employer’s premises and without use of the employer’s equipment or other property;” and “including cannabis in accordance with state law, outside work hours, off of the employer’s premises and without use of the employer’s equipment or other property.”
But the amended off-duty conduct law carves out circumstances under which an employer would not be in violation for crying foul on an employee’s pot use. Those exceptions include situations