GNYADA February 2016 Newsletter

Procedures for Workers Who Test Positive for Medical Marijuana

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a major safety rule by being under the influence during business hours, you may dock their pay. An hourly employee can be relieved for the remainder of the day, with no pay. Other states that have legalized med- ical marijuana do face the problem of dishonest employees obtaining bogus prescriptions, to support recreational usage. So, this change in state law may require new vigilance. If an employee tests positive for mar- ijuana, and subsequently insists they have a valid prescription, their employer is right to be skeptical. The state’s legalization of medical mari- juana does not corner New York employers into tolerating suspicious claims, but individual situations require specific handling. The Association can advise you on when it’s permissible (and wise) to validate doctors’ notes or prescription slips for medical marijuana, and how to go about doing so: 718.746.5900

As of this year, medical marijuana can be prescribed in New York State, raising new questions for local deal- erships about what to do when a medicinal user fails a drug test. In most circumstances, you should treat an employee using medicinal mari- juana in the same manner as you would any other employee who takes prescription medication for a disabili- ty or medical condition. If an employee with a valid prescrip- tion isn’t under the influence at work and is satisfactorily performing their duties, there’s nothing more for an employer to do. But an impaired worker — with a prescription — should be relieved for the day. Per the Americans with Disabilities Act, they may need a new work schedule, if their condition requires them to regularly use medical marijuana at a time that conflicts with their current workday. Businesses maintain the right to establish their own health policies, regarding physicals and drug testing.

However, given the change in state law, dealerships need to consider a few new facts: Marijuana remains in a person’s system for up to 30 days. Both recreational and medicinal users will likely fail a drug test, but not necessarily be impaired at work. If an employee tests positive for medicinal marijuana, but is unim- paired on the job, not only is there no cause for discipline, but an employer who does take action runs the risk of discriminating on the basis of disability. If a worker is under the influence on the job, you can and should send them home; but you may not be able to terminate their employ- ment if they have a valid medical prescription. Sending home an impaired worker raises the question of how to pay them for the day. If you deem a salaried employee to have violated n n n n

Early-Year Reminders from DMV-DIRECT

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As soon as you complete an MV-50 book, send it to the DMV. This is the only sure safeguard against running out of forms. Dealerships will occa- sionally hold onto completed MV-50 books, either because they don’t have time to put the forms in order or they want to save on shipment cost. This is a risky move, though, considering the DMV’s often high volume of work — they won’t send the dealership a new book until they’ve received a com- pleted one. Did you return all of your unused 2016 Inspection stickers? They must all be returned before March 1, 2016 in order for dealerships to receive their credit for them. All motor vehicle work is to be sent to DMV within 5 Calendar days not 5 business days of a temporary registration issuance. This remains the num- ber one DMV violation, and DMV-DIRECT can help you steer clear of it.

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Registrations Transfer plates Renewals Title processing VIN searches Low rates

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CALL 718.747.0400

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • February 2016

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