New York Is the Eleventh State to Restrict Employers’ Use of Credit History

by Stephen Fuchs, Littler - JD Supra

On December 19, 2025, New York Governor Kathy Hochul signed into law S03072, amending the New York Fair Credit Reporting Act1 to prohibit New York employers from obtaining or using consumer credit history in hiring and personnel decisions.

The amended statute, which takes effect 120 days after enactment—on April 18, 2026—tracks the New York City Stop Credit Discrimination in Employment Act (SCDEA) that took effect in 2015, and makes New York the eleventh state to enact legislation restricting such use of consumer credit history, joining California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington, as well as New York City; the District of Columbia; Chicago; Cook County, Illinois; Madison, Wisconsin; and Philadelphia, Pennsylvania.

Read more: https://www.jdsupra.com/legalnews/new-york-is-the-eleventh-state-to-9357423/

New York Governor Signs Clean Slate Law to Seal Older Criminal Convictions

by Kelly M. Cardin, Sandi F. Dubin, Zachary V. Zagger - Ogletree Deakins

On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against previously incarcerated individuals who have satisfied their sentences.

Read more: https://ogletree.com/insights-resources/blog-posts/new-york-governor-signs-clean-slate-law-to-seal-older-criminal-convictions/

Proposed Legislation Limiting Inquiries into an Applicant’s Criminal History Prior to an Offer of Employment Introduced in the New York State Legislature

by Evandro C Gigante, Laura M. Fant, Margo R. Richard - The National Law Review

On February 7, 2023, Bill No. A03726 was introduced before the New York State Assembly which, if passed, would prohibit employers from inquiring about or making statements regarding “the arrest record or conviction record of any person who is in the process of applying for employment or interviewing for employment with such employer.”

Read more: https://www.natlawreview.com/article/proposed-legislation-limiting-inquiries-applicant-s-criminal-history-prior-to-offer

New York Department of Labor Issues Guidance on Cannabis and the Workplace

by Steven D. Hurd, Alex S. Downie, Laura M. Fant - The National Law Review

The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year of the Marijuana Regulation and Taxation Act (“MRTA”).

The MRTA legalized the use of recreational marijuana for individuals ages 21 and older.  Notably for employers, the law also amended Section 201-d of the New York Labor Law – which prohibits discrimination by an employer against an employee because of certain lawful outside work activities – to include protections for recreational cannabis use. As such, employers are now prohibited from discriminating against employees based on their use of cannabis outside of the workplace, outside of work hours, and where use does not involve the employer’s equipment or property.

Read more: https://www.natlawreview.com/article/new-york-department-labor-issues-guidance-cannabis-and-workplace