Although experts are predicting drug testing won’t entirely disappear due to the increased legalization of marijuana, they have said that the scope and type of testing should change. A recent report by Quest Diagnostics revealed that the number of United States…
Posts by Category: New York
Suffolk County: Another New York Locale Where Salary History Inquiries Are Out the Door
Joining New York City, Westchester, and Albany, the Suffolk County Legislature, on November 20, 2018, adopted its own variation of a salary history ban. Taking effect on June 30, 2019, the Restricting Information on Salaries and Earnings Act (the “RISE Act”) amends…
Albany County Legislature Votes to “Ban the Box” on Job Applications
After a survey conducted by the Center For Law and Justice in Albany revealed that 70 percent of employers would not consider hiring someone with a conviction record, the county took the final step to “ban the box” on county job applications. A 32 to 3 vote allowed…
Wegmans Accused of Fair Credit Violations
Wegmans Food Markets has been accused of violating the Fair Credit Reporting Act (FCRA) in a lawsuit alleging the company failed to give proper notification to job applicants and employees prior to a routine consumer background screening process. The two accusers,…
Federal Court Upholds NLRB Decision Finding
Timing is critical for employers who suspect drug or alcohol use of one of its employees. But in the case of Manhattan Beer Distributors LLC v. National Labor Relations Board, a federal court upheld the decision of the NLRB that an employer violated Section 8(a)(1) of…
New York State Contractor Is Said To Threaten Privacy Of Millions With Outsourcing
The lease on an Albany warehouse holding fingerprint records and other personal information collected from 22 million people was about to expire, and the state needed to digitize the files. The contract for the job required that employees responsible for scanning the…
Don’t Get Lost in the Weeds: Medical Marijuana is Now Legal in New York
The Compassionate Care Act, which was signed into law in July 2014, legalizes and regulates the manufacture, sale and use of medical marijuana in New York. The Act sets forth specific conditions under which a patient may obtain medical marijuana. The Act provides that…
New York City Issues Fair Chance Act Notice Form for Criminal Background Checks
New York City recently passed the Fair Chance Act (FCA), which is applicable to criminal background checks. Recently, the New York City Commission on Human Rights opined that the FCA applies to current employees (presumably when they are “applying” for a…
The Fair Chance Act and Stop Credit Discrimination in Employment Act – New Interpretations from the NYCCHR
Earlier this year, the New York City Council passed two laws which place limitations on an employer’s ability to use background checks including credit checks in employment decisions: the Fair Chance Act (FCA) and the Stop Credit Discrimination in Employment Act…
Guidance Clarifies NYC Employers’ Obligations Under Credit Check Law
The New York City Commission on Human Rights has issued interpretive enforcement guidance for the Stop Credit Discrimination in Employment Act. The SCDEA amended the New York City Human Rights Law and made it an unlawful discriminatory practice for an employer to use…