New York Employers Required to Post Correction Law Notice

Effective February 1, 2009, employers must post a copy of Article 23-A of the New York Correction Law, relating to the employment of persons with a criminal conviction.  The posting must be visually conspicuous in a location accessible to workers.  In addition, employers that procure criminal background checks on job applicants and employees from third-party background screening companies must provide those applicants or employees with a copy of Article 23-A of the Corrections Law.

Under the legislation, employers must post Article 23-A of the Corrections Law, in addition to providing applicants or employees subject to criminal background checks with a copy of the same.  Article 23-A, among other things, prohibits employers from discriminating against an employee or applicant on the basis of a prior conviction, except in certain circumstances.

The employer must provide a copy of Article 23-A of the Corrections Law both before it requests a criminal history report from a background screening company and when it receives a background screening report which reflects that the applicant or employee has a criminal history.

For a copy of Article 23-A of the Correction Law, click on the link below, or you may contact a member of our Labor and Employment Department: http://www.labor.state.ny.us/agencyinfo/PDFs/CorrectionLaw%20Article%2023-A%20_4_.pdf.

If you have questions about this or any or any other employment-related matter, please contact one of the members of our Labor and Employment Department at 516-357-3700, and we will be happy to assist you.

Gary Fishberg

Tom Wassel

George Buckley

Jim Clark

Al Adelman

Anna Vikse