The New York State Department of Labor (NYSDOL) has published guidance to employers concerning “Adult-Use Cannabis and the Workplace.” The guidance covers ground already established by New York’s Marijuana Regulation and Taxation Act (MRTA), reinforcing that an employer may take appropriate action against an employee who “manifests specific articulable symptoms” of being under the influence of cannabis while on the job. The guidance makes clear that reporting to work with a “noticeable odor of cannabis,” together with other indicia of cannabis use, are insufficient to warrant corrective action. In addition, the guidance also makes clear that an employer need not allow the actual consumption or possession of cannabis on its premises, or to allow cannabis consumption during break periods or periods when the employee is “expected to be engaged in work.”
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