NY Labor Dept. says employers can’t test for marijuana

The New York State Labor Department issued new guidance that bans employers from testing employees for marijuana.

Under the new rules, even smelling like pot would not be grounds for a test, unless the worker seems visibly impaired on the job.

But the guidance also says employers are within their rights to ban workers from possessing pot on the job site.

Marijuana is still illegal on the federal level. So any workers required to be tested under federal and state law will still have to submit to testing.