New York HR guidance for practitioners.
Pick a topic below to see the federal rule, the NY statute, and the practitioner steps Ask HR AI walks you through in a session.
New York at a glance
- Report lookback: 7 years (NY Gen. Bus. Law §380-j). New York follows the FCRA window for non-convictions; convictions may be reported beyond seven years for positions paying $25,000+ when explicitly disclosed.
- Ban-the-box: Statewide (Article 23-A) + NYC Fair Chance Act 2.0. Article 23-A requires an eight-factor individualized assessment before disqualifying based on a conviction. NYC's Fair Chance Act 2.0 requires conditional-offer-only inquiry plus a documented FCA analysis and a 5-business-day candidate response window.
- Salary history: Banned (Lab. Law §194-a). Employers may not seek salary history. Effective Sept 2023, all employers with 4+ workers must include pay range in job postings.
- Cannabis: Lab. Law §201-d off-duty protection + non-psychoactive metabolite rule. NY DOL guidance prohibits adverse action based solely on a positive THC test; impairment must be shown by specific articulable symptoms. DOT-regulated roles are carved out.
New York topics
FCRA adverse action in New York
The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
Read the NY guideBan-the-Box and Fair Chance hiring in New York
When employers may ask about criminal history, individualized assessment requirements, and the state and city ordinances that add rules on top of federal EEOC guidance.
Read the NY guideWage and hour in New York
FLSA exempt vs non-exempt classification, overtime rules, meal and rest breaks, off-the-clock work, and state daily-overtime rules that overlay the federal floor.
Read the NY guideLeaves and accommodations in New York
Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.
Read the NY guideDrug testing and marijuana in New York
Pre-employment, reasonable-suspicion, and post-accident drug testing across states with off-duty cannabis protections and safety-sensitive carve-outs.
Read the NY guidePay transparency and pay equity in New York
State and city pay range disclosure laws, pay equity analyses, and how to respond to an applicant's compensation question.
Read the NY guideHarassment prevention and training in New York
Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.
Read the NY guideBackground check basics for HR in New York
What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.
Read the NY guideRelated SafestHires resources for New York
- New York background-check rules — the underlying state-screening reference.
- New York FACIS healthcare screening — Medicaid exclusion and licensing boards.
- All states — jump to another state.