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Employers Beware: New York Protects Off-Duty Use of Recreational Cannabis | Faegre Drinker Biddle & Reath LLP

To embed, copy and paste the code into your website or blog: On March 31, 2021, Gov. Andrew Cuomo signed into law the New York Marihuana Regulation and Taxation Act (MRTA), making New York the latest state to join a growing list of states and territories to legalize recreational use of cannabis for adults 21 and older. Effective immediately, the new law expands employment protections for lawful off-duty conduct to specifically include the use of cannabis as discussed below. Employment Protections for Lawful Off-Duty Conduct Now Include the Use of Cannabis New York has long protected employees from discrimination based on an employee’s lawful off-duty conduct, including political activities, the legal use of consumable products such as alcohol and tobacco and other legal recreational activities outside work hours and off the employer’s premises. The MRTA amended New York’s protected off-duty conduct law (New York Labor Law § 201-d) to specifically include protections for

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