As we previously reported, the New York City Council recently passed a bill to prohibit most pre-employment screening for marijuana by public and private employers. New York City mayor Bill de Blasio neither signed nor vetoed the bill within the city charter-mandated 30-day time period, so the bill became law on May 10, 2019. The law, known as Local Law 91 of 2019, will take effect on May 10, 2020, one year from its passage. Prior to the effective date, the New York City Commission on Human Rights is expected to promulgate rules for the implementation of Local Law 91. New York City employers may want to consider the commission’s guidance when reviewing and updating their prehire testing practices.
Ogletree Deakins will continue to monitor developments on this local legislation and will post updates on the firm’s blog as additional guidance becomes available.