I previously wrote about issues faced by employers when hiring employees.  As I discussed, in order to comply with all legal requirements surrounding hiring, employers must be familiar with federal law as well as applicable state and local laws.  As with New Jersey, New York has implemented specific requirements that an employer must understand in order to not run afoul of the law when hiring an employee.  Employers in New York City have even more requirements they must comply with.

Employers should be aware that New York imposes several restrictions upon employers during the application and interviewing stages of the hiring process. For example, New York prohibits employers from inquiring about or expressing any limitation or requirement about an applicant's:

  • age;

  • race;

  • creed;

  • color;

  • national origin;

  • sexual orientation;

  • military status;

  • sex;

  • disability;

  • genetic information;

  • familial status; or

  • marital status;

New York law also significantly restricts an employer's ability to inquire about an applicant's criminal history.  Nor can an employer typically inquire about an applicant's prior receipt of workers' compensation or disability benefits.  There are only specific and limited exceptions from these restrictions.

New York City imposes further restrictions by generally prohibiting inquiries concerning an applicant's credit history.  Additionally, as of October 31, 2017, New York City employers will be precluded from inquiring about an applicant's salary history, as I discussed in a previous post

New York imposes additional requirements upon employers once they hire an employee.  For example, New York employers must provide new employees with certain written notices, such as:

  1. notice of the employee's regular rate of pay (and overtime rate if applicable), designated paydays, doing business names of the employer, and the employer's principal office address and phone number;

  2. notice of the employer's policy on paid time off (i.e. sick leave, vacation, personal days, holidays, and work hours).

  3. New York City employers must also provide notice of the employee's rights under the New York City Earned Sick Time Act.

Failure to comply with these and other hiring requirements could expose an employer to liability to the employee and/or penalties imposed by the State or City. Thus, it is extremely important for employers to establish compliant hiring practices so as to avoid violations of the law.  Please contact me if you have any questions about the hiring practices of your business.

* Reprinted with permission of Michael N. Morea, Esq. of Morea Law LLC. Copyright 2017 by Morea Law

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