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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.
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