The state of New York has passed an amendment to the General Business Law that essentially seems to require two new steps in the employment process to take effect in 2009. We strongly urge that you to check with your legal department for full details and the requirements of this new law. In essence, it appears that the following steps must be followed.
- You must have posted in your office a copy of Article 23-A of the NY State Corrections Law and any regulations promulgated pursuant thereto relating to the licensure and employment of persons previously convicted of one of more criminal offenses.
- If you obtain an investigative consumer report from a consumer reporting agency that contains criminal record information about a job applicant, you must provide that applicant with a copy of Article 23-A of the Corrections law (described above).
(This is not legal advice – you should check with your own legal counsel).