Further Guidance on Complying with New York’s Article 23-A Notice Obligations in Connection with Criminal Background Checks

On December 16, 2008, Morgan Lewis issued a LawFlash on New York's recent criminal background check legislation creating additional employer obligations that are scheduled to go into effect February 1, 2009. Since that LawFlash was distributed, we have received numerous inquiries seeking more detailed information, many of which were prompted by the lack of clarity in the amendments themselves. In response, this supplemental LawFlash analyzes the legislation in more detail and summarizes our efforts to seek informal clarification from the New York State Department of Labor (NYDOL).

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