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 XIII of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part XII, we reviewed the Ban-the-Box law and mentioned that 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 to employers who may have intentions for taking action based on a person’s criminal record.

To move this discussion forward, we have, in our blog titled “Seeking Salary History and Carrying out Marijuana Testing during Screening & Recruitment in New York,” hammered on salary history and marijuana testing as important legal issues that employers should be aware of during the processes of screening and recruitment.

Seeking Salary History and Carrying out Marijuana Testing during Screening & Recruitment in New York

Similar to prohibitions on enquiring about an applicant’s criminal history, employers are prohibited by New York State and New York City from asking and enquiring, as a condition of employment, about an applicant’s salary history. Thus, as a best practice, employers should:

  • Continuously review hiring practices to make sure that inquiries and questions about salary history from other recruiting agencies or prior employers are not part of the screening and recruitment of candidates.
  • Train recruiters and hiring personnel from inducing discussions concerning salary history from other recruiting agencies or prior employers.
  • Ensure that job application forms do not feature any inquiries and/or questions concerning salary history information from other recruiting agencies or prior employers.

Additionally, New York City employers are prohibited by the New York City Human Rights Law (NYCHRL) from requiring and subjecting, as a condition of employment, candidates to a marijuana or tetrahydrocannabinol (THC) test.

However, 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.

In Part XIV of this series and our blog titled “Screening & Recruitment: Drug Testing of Employees,” we will hammer on drug testing of employees as we continue focusing on employer considerations for “Recruitment and Screening,” 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.