Updates on Biometrics in the Workplace: Scanning the Legal Landscape in New York and Beyond

by Susan Gross Sholinsky, Shawndra G. Jones, Brian G. Cesaratto - Epstein Becker & Green

As businesses find useful new ways to harness the evolving technology that captures and analyzes human biometric data, legal regulation of such technology’s usage is also developing, responding to concerns about personal privacy and control over personally identifying information. With a few states—notably, Illinois, Texas, and Washington—having taken the lead on protecting individual rights and restricting the collection and use of biometric information by requiring notice and consent, New York City has also recently enacted new rules that limit the collection, storage, and dissemination of such personal data.

Read more: https://www.ebglaw.com/insights/updates-on-biometrics-in-the-workplace-scanning-the-legal-landscape-in-new-york-and-beyond/

New Requirements for Employers Using Criminal Background Checks in New York City

by Mark E. Brossman, Ronald E. Richman, Scott A. Gold - Schulte Roth & Zabel LLP

The New York City Commission on Human Rights (“Commission”) released its updated Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History, which interprets the amendments to the New York City Fair Chance Act (“FCA”) that went into effect on July 29, 2021. We have previously written on the FCA’s ban on performing criminal background checks on applicants prior to a conditional offer of employment. The amendments provide additional employment protections to applicants and employees with a criminal history, pending criminal arrest or charges, or certain “non-convictions.”

Read more: https://www.srz.com/resources/new-requirements-for-employers-using-criminal-background-checks.html

NYC Imposes New Limits On Use Of Criminal History In Hiring And Employment

by Timothy Gumaer, Fox Rothschild LLP - JDSupra

Inquiries into the criminal histories of job candidates and employees will be limited even further under amendments to New York City’s Fair Chance Act (FCA) that take effect July 29, 2021.

With the FCA’s expanding protection, employers are urged to review their job applications (as well as job postings, pre-hire paperwork, and onboarding documents) to ensure that they are incompliance with these new requirements.

Read more: https://www.jdsupra.com/legalnews/nyc-imposes-new-limits-on-use-of-2167408/

New York City Expands Applicant and Employee Protections Under Its “Ban the Box” Law

by Amanda Gomez, Nancy Gunzenhauser Popper, Susan Gross Sholinsky, Epstein Becker & Green - JD Supra

On January 10, 2021, Int. 1314-A (“Law”) was enacted,[1] and it goes into effect on July 28, 2021. The Law significantly expands job applicants’ protections under New York City’s Fair Chance Act (“FCA”), otherwise known as the “ban-the-box law.”[2] Among other things, the scope of FCA protections now includes pending arrests and other “criminal accusations” (not just criminal convictions), and prohibits inquiries into certain matters even after an employer makes a conditional job offer.

Read more: https://www.jdsupra.com/legalnews/new-york-city-expands-applicant-and-8034746/

NYC Adds Protections For Employees With Criminal Arrests Or Convictions During Employment

by Scott Horton, Horton Law PLLC - JDSupra

New York City joined the ranks of municipalities with a “ban-the-box” law in 2015. The original law prohibited employers with 4 or more employees from asking about an applicant’s pending arrest or criminal conviction record until after making a conditional job offer. Recent amendments to the New York City Fair Chance Act will add new protections for employees with arrests or convictions during employment.

Read more: https://www.jdsupra.com/legalnews/nyc-adds-protections-for-employees-with-2650371/

New York City Enacts Amendments to New York City Fair Chance Act

by Richard Greenberg, Daniel J. Jacobs, Susan M. Corcoran, Anna Broccolo - The National Law Review

Following Mayor Bill de Blasio’s non-action on the bill passed by the New York City Council in December expanding the scope of New York City’s Fair Chance Act (FCA), the amendments have become law. The amendments, which go into effect in late-July, significantly expand employment protections for applicants and employees with criminal charges or arrests.

Read more: https://www.natlawreview.com/article/new-york-city-enacts-amendments-to-new-york-city-fair-chance-act