New York — Hiring & Onboarding

New York Correction Law Article 23-A prohibits employers from denying employment or taking adverse action against an applicant solely because of a prior criminal conviction. Under § 752, an employment application may not be denied by reason of a prior conviction unless (1) a direct relationship exists between the conviction and the specific job, or (2) employment would involve an unreasonable risk to property or to the safety of individuals or the public. The law applies to public agencies and to private employers with ten or more employees. Certain mandatory bars imposed by other statutes remain in effect.

Source: N.Y. Correct. Law §§ 750, 752

New York Labor Law § 195.1 requires every employer to provide each new hire with a written notice of wage terms at the time of hiring, before the employee performs any work. The notice must be provided in English and in the employee's primary language if the New York Department of Labor (NYDOL) provides a template in that language; otherwise, an English-language notice suffices. The employer must obtain a written acknowledgment of receipt from the employee and retain the signed notice for at least six years.

Required content

The notice must include all of the following information:

• Rate or rates of pay and the basis (hourly, shift, day, week, salary, piece rate, commission, or other)
• Overtime rate of pay (for non-exempt employees eligible for overtime under the New York Labor Law or applicable minimum-wage orders)
• Allowances claimed as part of the minimum wage, if any (tips, meals, lodging)
• Regular payday designated by the employer under N.Y. Labor Law § 191
• Employer's name, including any "doing business as" (DBA) names
• Employer's physical address (main office or principal place of business), plus mailing address if different
• Employer's telephone number

Form and delivery

Employers may use the NYDOL's official form templates (Forms LS 54 through LS 59, covering hourly employees, salaried employees, exempt employees, multiple rates, and other pay structures) or create their own forms, provided all required information is included. The NYDOL publishes templates in English, Spanish, Chinese, Korean, Haitian Creole, Polish, and Russian. The notice must be given before the employee begins work.

Annual notice requirement repealed

The Wage Theft Prevention Act originally required employers to re-issue the wage notice to all employees annually between January 1 and February 1. That annual notice requirement was repealed effective December 29, 2014. Employers must now provide the notice only at the time of hiring (and when certain changes occur, as described in subdivision 2 of § 195.1).

Private right of action and damages

An employee may bring a civil action for an employer's failure to provide the required notice. Damages for violation of the notice requirement are capped at $5,000 per employee. The statute does not distinguish between willful and non-willful violations; even inadvertent failures to provide compliant notices can result in liability.

Source: N.Y. Labor Law § 195.1 (NYDOL guidance) Source: NYDOL Wage Theft Prevention Act FAQ Source: NYDOL Wage Theft and Labor Standards Law overview