New York City Bans Pre-Employment Testing for Marijuana

New York City Bans Pre-Employment Testing for Marijuana

In April, the New York City Council passed a bill that would prohibit employers from requiring candidates to undergo testing for marijuana as a condition of employment, becoming one of the first jurisdictions to grant employment-specific protections to marijuana users. Mayor Bill de Blasio, who expressed support for the bill, did not sign or veto it within 30 days of its passage, so it became law on May 10 and will come into effect a year from that date, according to Seyfarth Shaw’s marijuana law blog.

The new law includes exemptions for certain safety-sensitive occupations, including law enforcement, construction, medical and child care, and jobs requiring a commercial driver’s license. It also does not apply to federal and state employees or contractors, nor does it override federal regulations governing transportation workers such as truck drivers and pilots. Employees can still be subjected to marijuana testing if they appear intoxicated at work.

New York State legalized marijuana for medicinal use in 2014; recreational use of the drug remains illegal, but the state legislature is considering a legalization bill, which governor Andrew Cuomo has said he intends to pass and sign in this legislative session. In New York City, De Blasio supports legalization, while the NYPD announced last year that it would stop arresting most people caught smoking marijuana in public. Given that this pledge was central to Cuomo’s re-election campaign platform in 2018, it is likely that New York will soon join the growing number of US jurisdictions where recreational marijuana is legal, including Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington state, as well as Washington, DC.

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Candidates’ Social Media History Gets More Scrutiny from Prospective Employers

Candidates’ Social Media History Gets More Scrutiny from Prospective Employers

In recent months, we have seen a series of controversies arise around the hiring of public figures in the media, sports, and entertainment industries after inflammatory comments they made on Twitter several years ago were brought to light. The Wall Street Journal explored the role of social media in recruiting through the lens of these stories earlier this month, noting that the vetting of candidates’ social media is increasingly common but still fairly new and less standardized than other forms of candidate screening.

Some of these controversies have led organizations to rescind job offers or terminate new hires on the basis of their old tweets, fueling extensive debate over whether these decisions chilled free speech, unfairly took people’s words out of context, or overreacted to flippant past remarks that did not necessarily reflect the person that candidate or new hire is today. In industries where talent has a public face, or in high-profile companies, employers are becoming more wary of what prospective hires have written on social media in the past, which anyone might dig up and use to damage their reputation and that of their employer.

In general, US companies are paying more attention to the social media histories of their prospective employees, not only in high-profile businesses like journalism and entertainment, according to a recent survey from CareerBuilder:

Seventy percent of employers use social networking sites to research job candidates (on par with last year), while seven percent plan to start. And that review matters: Of those that do social research, 57 percent have found content that caused them not to hire candidates. …

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