Restriction Explanation
Ban-the-Box 4: Certain Major Municipality This restriction affects employers in three major cities in NY – Buffalo, Rochester and New York City. However, the New York City Ban-the-Box Restriction on private employers (with 4 or more employees) does not go into effect until October 27, 2015. Since January 1, 2014, the City of Buffalo has had a Ban-the-Box ordinance for employers within the city. Employer cannot ask an applicant for employment questions regarding their criminal history prior to a first interview. Covered employers include any employer located within the Buffalo city limits and having 15 or more employees. In May 2014, the Rochester City Council enacted a similar law, modeled to the Buffalo law. See the Resource Tab on Municipalities for details on New York City
Key Municipal Employment Restriction on Private Employers On May 6, 2015 the Mayor of New York City, Bill de Blasio, signed Bill Int-216-2014 (Enactment 2015/037) banning the use of consumer credit history by employers of four or more employees. This ordinance went into effect September 2015 (120 days after bill was signed). Employers can still run credit checks for positions where it’s required by federal or state laws.
Key Municipal Employment Restriction on Private Employers Effective October 31, 2017, New YouK City will prohibit employers from inquiring about a prospective employee’s salary history during all stages of the employment process. In the event that an employer is already aware of a prospective employee’s salary history, this bill prohibits reliance on that information in the determination of salary.
Key Municipal Employment Restriction on Private Employers Effective November 1, 2017, In New York City an employee or its “agent” cannot inquire about salary history. If the applicant “voluntarily” and “without prompting” discloses past salary, the employer can verify it.
Key Municipal Tenant Screening Restriction New York City requires certain practices for signage for businesses that conduct residentail rental properties. A sign with the words “NOTICE ABOUT TENANT SCREENING REPORTS” must be printed at the top in one and one half-inch high capital letters. If an entity is a CRA, then the sign must have the fiollowing in 24 point type: Tenant screening reports from consumer reporting agencies are sometimes used to assist landlords in making rental decisions. In regard to such reports (Check the applicable box): ____ We do not use such reports; ______ We may use such reports by contacting the following: {list agency}
Prohibits salary history inquiry during hiring process State agencies are prohibited from inquiring about an applicant’s past salary, per Executive Order 161, 1/19/17.
Use of arrest record with no conviction Employer may not consider non-conviction information except for pending actions. See NY Exec Law #296 (16). If employers follow Article 23A of the NY Correction Law in selecting employees, then no evidence of negligent hiring may be admitted in court, see NY Exec Law #296 (15). Note that Article 23A deals with an ex-convict’s employment rights, but is not applicable to employment in law enforcement. See the Resource Tab on Article 23A for details.
Use of Social Security Numbers New York amended its laws effective December 12, 2012 regarding the use of Social Security numbers (and any number derived there from, which probably includes any redacted social security number). A consumer must provide consent for use of their Social Security number for background screening EXCEPT for employment purposes and to check criminal records. Tenant screening and other purposes will require consumer consent if more information beyond criminal records are obtained, such as credit reports.