by Kelly M. Cardin, Sandi F. Dubin, Zachary V. Zagger - Ogletree Deakins
On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against previously incarcerated individuals who have satisfied their sentences.
by Evandro C Gigante, Laura M. Fant, Margo R. Richard - The National Law Review
On February 7, 2023, Bill No. A03726 was introduced before the New York State Assembly which, if passed, would prohibit employers from inquiring about or making statements regarding “the arrest record or conviction record of any person who is in the process of applying for employment or interviewing for employment with such employer.”
by Steven D. Hurd, Alex S. Downie, Laura M. Fant - The National Law Review
The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year of the Marijuana Regulation and Taxation Act (“MRTA”).
The MRTA legalized the use of recreational marijuana for individuals ages 21 and older. Notably for employers, the law also amended Section 201-d of the New York Labor Law – which prohibits discrimination by an employer against an employee because of certain lawful outside work activities – to include protections for recreational cannabis use. As such, employers are now prohibited from discriminating against employees based on their use of cannabis outside of the workplace, outside of work hours, and where use does not involve the employer’s equipment or property.
