You can agree with us that, at times, getting the right legal representation and finding a good attorney feels like trying to catch a fish while running away from a twenty-foot-high tide, especially when time and money are of the essence and the pressure of getting results before you move too far down the rabbit hole is building up. Certainly, only when you desperately need reliable legal representation, probably not from the types of Saul Goodman, will you understand the importance of having the right attorney by your side. So, are you looking for legal representation? Do you need an attorney with the skills and legal expertise that match your needs? How much do you value your time and hard-earned money? Then look no further because whenever you require legal representation, the Law Offices of Vincent Miletti, Esq., the Strongest Name in Law, got your six.

We are the authoritative force in Employment & Labor Law, providing diverse legal services in both a traditional and online, web-based environment, whether be it for small businesses or large-scale businesses on a panel or a case-by-case basis. Hitherto, serving as primary counsel or cumis counsel, we are not only taking over the industry when it comes to Employment Defense and Employment Practices, but also in Intellectual Property Defense (Trademark, Copyright, and Proprietary Information), Management Side Defense, Regulatory and Compliance, Business Law & Corporate Law, and Professional Liability, among others. Whether serving directly or on behalf of a third party (EPLI, D&O, E&O), we stay unusually motivated® to take on all your needs!

Operating in Brooklyn, New York, the larger New York City, and New York State, as well as in the firm’s new office located in Astoria Queens, your life-changing encounter with Vinny Miletti Esq., the founder and owner of Miletti Law®,  whose legal expertise, knowledge, and experience has grown immensely over time since the firm first opened its doors is just an email and/or a call.

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In this regard, this blog is Part XIV of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part XIII, we reviewed the prohibitions on enquiring about a job applicant’s salary history and marijuana use. Regarding this, we mentioned that pursuant to NYC Administrative Code 8- 107, subd. 31, there are some exceptions. For instance, such submissions are mandatory when the testing is a condition of receiving a federal grant or contract or when the application being made involves working in certain occupations that involve public safety or health.

To move this discussion forward, we have, in our blog titled “New York Law on Conducting Drug Testing of Employees during Screening & Recruitment,” hammered on the considerations and what the law says about drug testing of employees, which is another important legal issue that employers should be aware of when it comes to screening and recruitment.

New York Law on Conducting Drug Testing of Employees during Screening & Recruitment

As opposed to enquiring and asking about a job applicant’s salary, criminal, and marijuana use history, there are no statutory limitations on the right of an employer to carry out employee drug tests in New York. However, owing to the lack of such statutory limitations, it is crucial to be careful since an employee, who succeeds in establishing the false perception of disability or even actual disability before a court, may have a cause of action against an employer if such an employer takes action against them on the basis of the drug test results.

Under the New York State Human Rights Law (NYSHRL), employers are prohibited from discriminating against persons with disabilities, including abusers of drugs, who are able to carry out the essential functions of their jobs.

Additionally, individuals who may be erroneously believed to be abusers of drugs are also protected by the NYSHRL. However, it is also crucial to note that employers are not prohibited by the NYSHRL from terminating employees that are unable to carry out the duties of their jobs following the use of alcohol and/or drugs.

In Part XV of this series and our blog titled “New York Law on Conducting Criminal Background Checks,” we will hammer on what the law says about conducting criminal background checks on job applicants, which is another key employment issue that significantly affects start-ups and growing businesses and companies in New York.

As usual, stay tuned for more legal guidance, training, and education.

In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.