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 XVI of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part XV, we reviewed what the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) say about conducting criminal background checks on job applicants and mentioned that under the latter, employers are prohibited from inquiring about any pending convictions and/or arrests from potential employees and job applicants until they have a conditional employment offer. We also noted that under the former, employers are prohibited from asking about a job applicant’s convictions that have been sealed, youthful offender adjudications, or arrests that did not result in a conviction or are not currently pending. However, we also added that employers are prohibited from using an applicant’s criminal history as a basis for denying employment unless the offenses in question pose an unreasonable risk to persons and/or property or directly relate to the individual’s ability to perform the job they are applying for.

As we move forward with this series, we have, in our blog titled “New York City Law on Running Credit Checks on Job Applicants,” hammered on what New York Law says about running credit checks on employees and job applicants.

New York City Law on Running Credit Checks on Job Applicants

Employers in New York must be cognizant of the numerous legal limitations and requirements imposed by New York City’s Stop Credit Discrimination in Employment Act (SCDEA), New York’s Fair Credit Reporting Act, and Fair Credit Reporting Act (FCRA) on requesting consumer credit history information.

For starters, employers in New York City are generally prohibited from requesting consumer credit history from employees or job applicants. As codified under N.Y.C. Admin. Code § 8-107, subd. 24(a), employers may not, with narrow exceptions, request or use consumer credit information for the purposes of employment pursuant to the SCDEA (the statute through which the NYCHRL was amended). Thus, employers must understand that even if no action is taken based on any consumer credit information provided, it is a violation of the SCDEA to merely ask for such report(s).

Additionally, as codified under N.Y.C Admin. Code § 8-102, the SCDEA is applicable to all employers covered by the NYCHRL since the former is an amendment of the latter. This implies that including any undocumented workers, unpaid interns, or part-time employees, the SCDEA covers all New York City employers with at least four employees.

However, employers should also be aware that none of the SCDEA’s narrow exemptions applies to an entire industry or employer despite the existence of such provisions. Rather, the exceptions apply with regard to the position or nature of the role of consideration for the prospective employee. For instance, pursuant to N.Y.C Admin. Code § 8-107, subd. 24(b) and as defined in the statute, prospective employees that have regular access to an employer’s trade secrets can be subjected to such credit checks.

Notably, the statute also exempts certain executive-level financial officers, such as chief operations officers or chief financial officers. This goes without saying that employers should take proactive measures to understand the full range of exempted positions, as provided by the New York City Commission of Human Rights.

In Part XVII of this series and our blog titled “New York State Law on Running Credit Checks on Job Applicants,” we will hammer on what the New York State Law says about conducting credit checks on employees or 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.