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Brianna Grobelny
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5 months ago

https://www.nysenate.gov/legislation/laws/LAB/201-D From my understanding of the new labor laws in NY state(Oct 21st, 2021), an employer can include cannabis on a drug test panel but the employer CANNOT use a positive cannabis test result as a hiring decision unless it is a federal or DOT position(with a few exceptions far and in between). This is because cannabis is a legal consumable product in NY, just like alcohol. Upon further research, these new labor laws for NYS even protect positions that require licenses, certifications, or degrees. With that being said, I don't understand how it is legal to be turned down for an assistant store manager position solely based on a positive cannabis result. The drug testing facility called to inform me of the positive cannabis result and asked if there was a medical Marijuana card and I explained that there wasn't one because it has been legal for over a year and a half and the laws now protect employees. The facility said the results would be sent with the next 2 hours. Immediately after speaking to the testing facility, I called the hiring manager(the store manager who was new to his position and the company (he was also an old coworker)), and informed him of the situation and results. He was not even aware they tested for cannabis and said he'd look into it. He called many people up the chain. He called back and informed me that the position was no longer being offered due to the positive cannabis result. He also said that the company would most likely be changing its policy in the near future. The background check had already come back and the only thing they were waiting on was the drug test results. About 2.5 hours later(very shortly after the time that the testing facility said the employer would receive the results) a contract was sent out after they received the drug test results(everything was negative except for cannabis). When I received the contract in my email, I reached out to the hiring manager explaining they sent me the contract and maybe HR was already aware of the laws put in place pertaining to cannabis use outside of the workplace. He reached out to HR and told me the same thing as before, the position is no longer being offered due to the positive cannabis result. At this point I wrote a long email to the HR department asking for an explanation as to why their company was an exception to this law. I have yet to hear anything back. Does anyone have any advice on how to go about this situation? Thank you in advance! P.S. negative comments need not waste their time.

#DrugTest #Cannabisislegal #DOL #LaborLaws #Cannabis #NYS #NewYorkState

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Daniel Santa Cruz
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over 6 months ago

I have read some entries that sounds like a constructive discharge labor law violation. For example, an employer making your work place like hell, so you can feel miserable every day at work that's a good sign of constructive discharge, so contact the HR department and hope they can help or contact a labor law attorney or the EEOC for assistance. Look up constructive discharge in Google, it helps.

Daniel, M.A.

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Frank Valenzuela
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over 6 months ago

I helped my wife file a legal law suite, believe me it's not that difficult, I'm going to mention something I've been saying all along. These companies today hire unskilled, under experienced, and unknowledgeable type of people to save money, because someone who has the proper skills and experience will not take that kind of pay much less the crap that comes with it. So it's cheaper to hire the person with less experience.

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Cynthia Watkins
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over 6 months ago

Please understand that there is no "universal" licensing requirement for attorneys in the United States. Each state has its own requirements for admitting an attorney to the bar to practice law. An attorney can be licensed to practice in more than one state, or before more than one court. I am sharing this because so many well meaning people are advising posters who live, for example, in Michigan, to contact their attorney in New Jersey. The best way to find an attorney licensed to practice law in a particular state is to contact the Bar Association for that state.

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over 6 months ago

One year ago I've posted this on LinkedIn.

How United States Federal Labor Regulations Define: Are You Qualified to Do That Job?

There are United States Federal Labor Regulations, as of April 2012:

Title 20 - Employees' Benefits Chapter V - EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR Part 656 - LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES Subpart C - Labor Certification Process Section 656.21 - Supervised recruitment. April 1, 2012

20 C.F.R. § 656.21 Supervised recruitment.

http://www.gpo.gov/fdsys/pkg/CFR-2012-title20-vol3/pdf/CFR-2012-title20-vol3-sec656-21.pdf

"...Rejection of one or more U.S. workers for lacking skills necessary to perform the duties involved in the occupation, where the U.S. workers are capable of acquiring the skills during a reasonable period of on-the-job training, is not a lawful job-related reason for rejecting the U.S. workers. For the purpose of this paragraph (e)(4), a U.S. worker is able and qualified for the job opportunity if the worker can acquire the skills necessary to perform the duties involved in the occupation during a reasonable period of on-the-job training."

This Law is very specific and covers only Labor Certification Process of Foreign Workers who are adjusting their immigration status from non-immigrant status with H1B Work Visa to Lawfully Admitted Permanent Resident (I-551 Immigration Form, a.k.a. Green Card) with subsequent filing I-140 and I-485 Immigration Forms.

https://www.linkedin.com/pulse/how-united-states-federal-labor-regulations-define-you-michael-alfes?trk=mp-author-card

================================================

Today, I've contacted with my US Elected Officials with a question: how these US DOL rules could be enforced? How rejected job applicants could find out who was really hired on these positions?

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ARUNABHA BISWAS
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over 6 months ago

I am a regular follower of the" job case" website. It appears to me that employees are not aware about their rights. They also do not know how to get relief , following legal procedures' if they are deprived. It is my opinion that to take the matter to the proper authority, you must develop a full proof case with evidences.

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Charmaine Davis
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over 6 months ago

Hello Beth Stueve, I would seek seek a attorney that deals specifically with labor law and ask if they wil represent your case on contingency basis. Meaning if you win, so do they, They block your email, because that can be used for legal evidence. gather any documents you can that will help you in your defense. secondly, file EEOC complaint as well. if they find you have a case they will represent you in your case. Cease talking to anyone else at that company, unless you know you can trust them. Do not speak with them at the office.

Take care.

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courtney butcher
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over 6 months ago

Hello,

I am writing to hear ya'll's opinion on next moves. I was inspired to write this after reading a post from another jobcaser who's name I didn't catch, unfortunately. I recently worked for a company Xerox who was contracted with Verizon Wireless. They are guilty of countless acts of oppression not the least of which is hostile work environment. There were several incidents and events with specifics that occurred during the course of my near-year-long employment there. I attempted to address these incidences with HR and with all levels of management, who in the end all proved themselves to be part of the problem. When I was fired for not backing down and for insisting that sexual harassment, mysogny, and racism end in the workplace and that managemen and HR actually do their job I was fired (how surprising). I then went to our Human Rights Commission who did nothing (again, not surprising). The legal aid hotline I called was of no help and neither was the one lawyer I was able to get ahold of - he said they can pretty much do whatever they want b/c Washington has at-will firing law. This seems ill-informed as Washington has labor laws, do we not? The reason I am writing this is because I continue to hear horror stories of unfair firings, the awful treatment of workers (Verizon outside laborers are actually on strike and are standing in solidarity with call center workers) and the daily oppressions that continue to affect countless workers there every day. I really want to see those responsible for this disgusting treatment of people have to be accountable in some way. Does anyone else have an experience like this that ended in a positive solution? Any ideas about where to go next? Thanks in advance and good luck out there, ya'll.....

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Monique Montano
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over 6 months ago

Does anyone know where I can get information regarding this such as what the labor laws say?

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