New York Employers Take Note: Background Check Law to Take Effect

Nick Fishman

New York employers that conduct background checks will want to take note of an amendment to the General Business Law and Labor Law Subdivision (b) of section 380-C which was previously amended in 1977.  This amendment will take effect February 5, 2009.

The new amendment calls for employers to give all job applicants who have one or more criminal records a copy of Article 23A- Section 753 after their background check has been completed.  Employers must also post a copy of the same article in a visually conspicuous area for all employees to see.

Article 23A- Section 753 defines the factors to be considered concerning a previous criminal conviction.

Check out our legislative update on this topic just posted on employeescreen University.

Nick Fishman
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Nick Fishman

Nick Fishman is the co-founder of EmployeeScreenIQ, a leading, global employment background screening provider, and serves as the company’s executive vice president and chief marketing officer. He pioneered the creation of EmployeeScreen University, the #1 educational resource on employment background checks for human resources, security and risk management professionals. A recognized industry expert, Nick is a frequent author, presenter and contributor to the news media. Nick is also a licensed private investigator in the states of Ohio and Texas.
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  • jls2rt

    Be very wary of the advice that employers need only provide a copy of Article 23A-Section 753. Nothing in the law suggests that the requirement is restricted to only Section 753. Rather, the law specifically states that a copy of Article 23-A (which comprises Sections 750 through and including 755) must be provided.
    Also, a minor editing point: the law will take “effect”; not “affect.”

  • So noted. Thanks for the grammar “catch” as well.