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!

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In this regard, this blog is Part XVII of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part XVI, we reviewed what New York City Law says about running credit checks on employees and job applicants and mentioned that under the latter, employers in New York City are generally prohibited from requesting consumer credit history from employees or job applicants. We noted that 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).

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

New York State Laws on Running Credit Checks on Job Applicants

If an employer is anywhere else other than New York City, then they may seek consumer credit information and use the same for the purposes of employment. However, any employer who wishes to request for credit report for the purposes of employment is required, under the FCRA (Fair Credit Reporting Act) and as codified under 15 U.S.C. § 1681d, to (1) certify that the reports will not be used for other purposes, (2) certify the purpose for which they are requesting the reports, and (3) identify themselves.

Further, any employer seeking a job applicant or employee’s credit information is required, under the New York’s Fair Credit Reporting Act and FCRA and as codified under 15 U.S.C. § 1681b(b), to (1) obtain written consent from the person, provide the individual with notice that the credit information may be requested, and, if the employer seeks the information, (3) provide the employee or job applicant with the address and name of the consumer reporting organization involved with compiling such reports.

Most importantly, the statute also provides that the employee or job applicant has the right to be provided with a copy of the consumer credit report from the compiling agency.

In Part XVIII of this series and our blog titled “New York Law on Seeking Salary History from 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.