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 XII of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part XI, we hammered on what the New York State Worker Adjustment and Retraining Notification Act (NY-WARN) says about employee terminations and mentioned that as codified under N.Y. Lab. Law § 860-a(3), the NY-WARN covers every New York employer with at least 50 employees. We also added that employers are required by this statute to give a 90 days notice of any mass layoff, covered reduction in work hours, relocation, or plant closing.

To move this discussion forward, we have shifted gears, in our blog titled “Screening & Recruitment: Job Applications and the Ban-the-Box Law,” to examine considerations for employers during the processes of screening and recruitment.

Considerations for Screening & Recruitment: Job Applications and the Ban-the-Box Law

Over time, the employment sector has increasingly become so litigious that any particular issue can have detrimental legal implications for an employer. For this and other reasons, businesses and companies in New York must pay particular attention to a number of issues involving the screening and recruitment of candidates.

In this regard, employers should proactively familiarize themselves with the legal limitations concerning what should and/or should not be included in a job application form. For instance, inquiring about an individual’s criminal history in the “public sector” has been banned in New York State.

Of most importance is that pursuant to N.Y.C. Admin. Code § 8-107, subd. 11a, New York City takes this requirement several steps ahead by prohibiting “private employers” from enquiring about a person’s criminal history during interviews and on job applications. In New York, job applicants (including unpaid interns and employees) are covered and protected by the Fair Chance Act, which, in addition to prohibiting such criminal history questions and inquiries, imposes substantial obligations and legal implications on employers who may have intentions for taking action based on a person’s criminal record.

In Part XIII of this series and our blog titled “Screening & Recruitment: Salary History and Marijuana Testing,” we will hammer on “Salary History” and “Marijuana Testing” as we continue focusing on employer considerations for “Recruitment and Screening” as the next 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.