Dear Valued Clients, Colleagues and Supporters: This newsletter will focus on the legalization of cannabis in New York and its impact on employers and employees as well as our recent collaboration with our colleague Steve Maggi (an immigration attorney).
After years of debate, roughly 2 months ago, Governor Cuomo signed the Marijuana Regulation and Tax Act, which legalizes the recreational use of cannabis products for adults in New York State and prohibits employers from discriminating against such use so long as it is off duty and outside of the workplace. Some key aspects of the law permit individuals aged 21 and over to possess and consume up to 3 ounces of cannabis and 24 ounces of concentrated cannabis, except in public spaces or when operating a motor vehicle. The Act also created the Office of Cannabis Management, which is responsible for managing license issues to growers, processors, and distributors of cannabis products. Finally, individuals may be eligible to have previous cannabis-related criminal convictions expunged, and certain portions of taxes raised under the Act are earmarked for schools, drug treatment facilities, and communities disproportionately impacted by drug enforcement. As this is a brand new area of law for New York, employers and employees alike should take particular care to understand their rights and obligations carefully under the Act. As such, a detailed article is available here that touches upon some of these issues as far as the workplace is concerned.
The intersection of immigration and employment law is uniquely complex. There are certain consequences and obligations that all employers and foreign nationals employed in the United States should be mindful of. We explore and discuss these unique topics with our esteemed colleague Steve Maggi and encourage you to spend a few minutes watching the short video interviews on the following subject matters: (1) What should foreign nationals subject to non-compete clauses in their employment contracts consider when signing such agreements (view this interview here); (2) What is an I-9 audit and what should an employer do to stay in compliance (view this interview here); (3) If you are a foreign national working in the U.S. on an H1-B or H2-B visa, what obligations if any, does an employer have to the employee upon termination of employment (view this interview here); (4) What rights and remedies does a foreign national, irrespective of their right to lawfully work or live in the US, have to payment for wages (view this interview here).
Disclaimer: Nothing on this website is or should be construed as legal advice. An attorney-client relationship does not exist with our firm unless a signed retainer agreement is executed, and we do not offer legal advice through this site or any of the content located on it. For legal advice for your particular circumstances, please contact us directly.