New York Employee Screening Laws

Feb 01, 2009

Effective today there is a new law for companies employing or background screening individuals in the State of New York.  So if your company performs employee screening in New York State, here is would you should know.

There are three components with this new law:

1. All companies in the State of New York or employing individuals in the State of New York must post a copy of Article 23-A of the New York Corrections Law conspicuously in the workplace.

2. All companies background screening employees for positions in the State of New York that receive a consumer report with a criminal conviction listed therein must provide a copy of Article 23-A to the applicant informing the applicant that you, i.e., the employer, has received such a report.

3. Any company that background screens its employees in the State of New York and that requests an investigative consumer report must provide a copy of the law at the point when it provides notice to the individual of the procurement of an investigative consumer report and at the time the employer obtains authorization from the individual. Please note that not all consumer reports constitute an investigative consumer report under the laws of the State of New York.   You should check with your legal counsel and provide details of the services you are obtaining from any background screening agency to determine if you are subject to this particular provision.

For the convenience of our clients, Reliable Background Screening can provide a copy of Article 23-A.

As we are not attorneys, this information should not be construed as rendering any legal or professional advice. All legal advice must be obtained from a trained and licensed attorney in your jurisdiction to ensure compliance with the law.  This is provided for your information and convenience only and it should not be used as a substitute for professional legal services.

Posted by:  Rudy Troisi.  President, Reliable Background Screening.




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