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, employment may not be denied based on 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.

Scope and Applicability Article 23-A applies to all public agencies and to all private employers in New York State, with no minimum employee threshold. (Earlier characterizations limiting the law to private employers with ten or more employees are no longer current and have been removed based on recent statutory and agency interpretation as of 2024.) Certain mandatory bars imposed by other laws remain in effect, as provided under § 750(3).

Exception and Additional Requirements

• If an employer believes one of the two exceptions applies, Article 23-A requires that the employer evaluate eight statutory factors before denying employment — see the "Article 23-A evaluation factors" section for these details.
• Under § 754, if employment is denied based on conviction history, the employer must, upon request, provide a written statement of the reasons for denial within 30 days.

Source: N.Y. Correct. Law Article 23-A (official full text)

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—currently LS 51 (for temporary help firms), LS 54 (hourly employees), LS 55 (multiple hourly rates), LS 56 (weekly/salary), LS 57 (day, piece, or flat rate), and LS 58 (prevailing rate)—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 Forms - Wage Notices

New York Correction Law § 753 requires every employer considering action based on an applicant's prior criminal conviction to evaluate a specific set of statutory factors before denying employment, unless another law mandates disqualification. These factors are not discretionary: the statute says employers "shall consider" each one when deciding whether a conviction is "directly related" to the job or would involve an "unreasonable risk" to property, individuals, or the public.

Eight required factors under § 753(1):

1. The public policy of New York to encourage employment of persons with criminal records.
2. The specific duties and responsibilities of the job or license sought.
3. The bearing, if any, the criminal offense(s) have on the applicant's fitness or ability to perform these duties or responsibilities.
4. The time elapsed since the occurrence of the offense(s).
5. The applicant's age at the time of the offense(s).
6. The seriousness of the offense(s).
7. Any information produced by the applicant, or on their behalf, regarding rehabilitation and good conduct. A "certificate of relief from disabilities" or a "certificate of good conduct" creates a presumption of rehabilitation (which an employer can rebut only with other evidence).
8. The legitimate interest of the employer in protecting property, and the safety and welfare of specific individuals or the general public.

Employment may only be denied where, after considering all eight factors, the employer finds (a) a "direct relationship" between the offense(s) and the job, or (b) that granting employment would involve an "unreasonable risk." The factors must be considered for all employment applications covered by Article 23-A, public and private, unless another statutory bar applies.

Source: N.Y. Correct. Law § 753

Scope When an employer in New York denies employment to an applicant based in whole or in part on a criminal conviction, Article 23-A of the Correction Law requires the employer to evaluate eight statutory factors before making the decision (see N.Y. Correct. Law § 753). However, Article 23-A itself does not create a stand-alone statutory notice requirement—that is, it does not require a specific written statement explaining the denial to the applicant, nor does it prescribe a timeframe for providing such a notice.

Notice obligations under NYC Fair Chance Act For employers in New York City, local law adds a distinct written notice obligation. The NYC Fair Chance Act, codified at N.Y.C. Administrative Code § 8-107(11-a), requires employers to provide a "Fair Chance Notice" with a written copy of the analysis under Article 23-A before taking adverse action based on criminal history. Employers must give the applicant a copy of the criminal background report and a written explanation of the Article 23-A analysis, and must allow the applicant at least five business days to respond before final denial. (Note: This obligation applies within New York City, not statewide. See also the NYC Commission on Human Rights enforcement guidance.)

Summary table

| Jurisdiction | Notice Required? | Content Requirement | Timeframe | |------------------|-----------------|---------------------------------|-----------------------| | Statewide (NY) | No | N/A | N/A | | New York City | Yes | Article 23-A analysis + report | Before denial; ≥5 days|

Key source text

• Article 23-A: No statutory written denial notice, only evaluation factors (N.Y. Correct. Law §§ 752–753).
• NYC Fair Chance Act: Written notice and five-day period required (NYC Commission on Human Rights summary of § 8-107(11-a)).

Source: N.Y. Correct. Law §§ 752–753 Source: NYC Commission on Human Rights - Fair Chance Act

New York Labor Law § 195.1 does not just require an initial wage notice at hire. It also requires employers to provide a new written wage notice to existing employees whenever there is a change in the employee’s rate of pay, allowances used in calculating minimum wage (such as tips, meals, or lodging credits), or regular payday schedule—UNLESS the change will be reflected on the employee’s next wage statement (pay stub). The law’s purpose is to ensure the employee is notified of critical payroll details before the change takes effect, so the new notice must be given before the change becomes effective.

Triggers for a new wage notice

• Change in rate of pay (hourly or salary)
• Change in allowances claimed for minimum wage (e.g., new tip, meal, or lodging credit)
• Change in designated regular payday

Exceptions If the change will appear on the next wage statement, a separate written wage notice is not needed. If not, the new notice must be provided before the change becomes effective.

How notice is given Employers must use the Department of Labor’s standard template forms (e.g., LS-54, LS-55, LS-56, LS-57, LS-58, LS-62), each of which features a checkbox for “Before a change in pay rate(s), allowances claimed or payday,” as required by § 195.1. The notice must be provided in English and in the employee’s primary language if the Department offers a translation in that language. Employees must sign and date the form acknowledging receipt, and employers must retain these records for at least six years.

Source: NYS Department of Labor Form LS-57

New York requires all employers to report newly hired and rehired employees to the Department of Taxation and Finance within 20 calendar days of hire. This requirement implements the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), but New York overlays its own rules on who is covered, timing, and methods.

Who is covered?

• Every employer with employees working in New York State—including private, public, nonprofit, and household employers—must comply.
• Since January 1, 2022, employers must also report independent contractors when the total value of the contract exceeds $2,500.
• A “newly hired” employee is anyone not previously employed by that employer, or who has been separated for at least 60 consecutive days.

Deadline for reporting

• Reports must be submitted within 20 calendar days after the employee’s first day of compensated service.
• Employers reporting electronically may submit batches twice per month, provided no reporting interval is greater than 16 days.

How to report

• Most employers report via the New York New Hire Online Reporting Center (https://www.nynewhire.com).
• Alternately, employers can fax (518-320-1080), mail to NYS Dept. of Taxation and Finance – New Hire Notification, PO Box 15119, Albany, NY 12212-5119, or submit a copy of Form IT-2104 or the federal W-4—with all required new hire information included—for each new employee.

Penalties

• $20 per late, missing, or incomplete report; $450 if the failure is part of a conspiracy between employer and employee.

Required data

• Employee: name, address, Social Security number, date of hire
• Employer: name, address, Federal Employer Identification Number (FEIN)
• Whether dependent health insurance benefits are available, and the eligibility date (if applicable)

Source: NYS Dept. of Taxation and Finance — New Hire Reporting FAQ Source: NYS Employer's Guide to Unemployment Insurance, Wage Reporting, and Withholding Tax (Publication NYS-50)