Pre-Employment Drug Tests for Marijuana Ban

The New York City Council recently approved a bill which “will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test”.

While timing remains unclear, Major DeBlasio is expected to sign the bill into law.

According to JD Supra, those exempt from the law include the following:

  • Police officers or peace officers;
  • Positions requiring compliance with Section 3321 of the NYC Building Code of Section 220-h of the Labor Law (generally, employees in certain types of construction and/or maintenance positions);
  • Positions requiring a commercial driver’s license;
  • Caregivers for children, medical patients or other “vulnerable persons” (as defined by the social services law);
  • Positions with potential to significantly impact health of safety of other employees and/or the public;
  • Positions subject to a valid collective bargaining agreement that touches drug-testing policies for applicants; and
  • Positions for employers required to drug test pursuant to federal law, or pursuant to a government contract

For more details on this ruling, please click here.

The information included in this blog post originally appeared in an article from JD Supra on April 22, 2019, written by Erik Pramschufer, and Ruth A. Rauls of Saul Ewing Arnstein & Lehr LLP.


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