New York background check laws
A practitioner-grade reference to New York pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to NY.
The four levers at a glance
| Lookback period | 7 years (NY Gen. Bus. Law §380-j) |
| Ban-the-Box scope | Statewide (Article 23-A) + NYC Fair Chance Act 2.0 |
| Salary history | Banned (Lab. Law §194-a) |
| Cannabis testing | Lab. Law §201-d off-duty protection + non-psychoactive metabolite rule |
Lookback period
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 and Fair Chance rules
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
Employers may not seek salary history. Effective Sept 2023, all employers with 4+ workers must include pay range in job postings.
Cannabis & drug testing
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.
Governing statutes & references
- NY Gen. Bus. Law §380-j
- NY Correction Law Art. 23-A
- NYC Fair Chance Act 2.0
- Lab. Law §194-a
- Lab. Law §201-d
SafestHires compliance note
Article 23-A worksheet is required documentation — SafestHires surfaces it on the report face-sheet.