Update on Employer Obligations Under the NYC Fair Chance Act

This presentation will explain the requirements imposed by the New York City Fair Chance Act. That law generally prohibits employers from making inquiries about an applicant’s criminal conviction record until after the employer has extended a conditional offer of employment. But the law was expanded effective July 29, 2021. Among other things, it is now clear that employers cannot discriminate against current employees who are convicted during employment or who have pending arrests. Employers as well as temporary help companies and consumer reporting agencies that conduct background checks now need to comply with a host of specific directives and notice requirements. Since there are very real consequences from non-compliance, as will be explained during this presentation, it is imperative for all covered entities and persons to become familiar with the requirements as a first step in instituting a program to ensure compliance and avoid or minimize legal claims.

 

Peter Shapiro is a partner in the New York office of Lewis Brisbois and a member of the Labor & Employment, Professional Liability, Complex Business & Commercial Litigation, Business Practices, Appellate, and Directors & Officers Coverage & Litigation Practices. Mr. Shapiro’s practice is concentrated in employment and professional liability law, commercial litigation, and appeals in New York and New Jersey. Additionally, Mr. Shapiro has represented defendants in claims of alleged professional malfeasance concerning the design and operation of websites and claims of allegedly deficient software design. Mr. Shapiro has more than 30 years of litigation experience, with emphasis on the defense of employment discrimination, ADA access matters, non-compete, wage and hour, civil rights, trade secrets, legal malpractice, defamation, commercial, and miscellaneous professional liability matters. He also counsels clients regarding employment law compliance issues. Mr. Shapiro has additional experience litigating ERISA and life, health, and disability insurance matters.

 

Diane Waters is a partner in the Dallas office of Lewis Brisbois and a member of the Labor & Employment Practice. Her practice focuses on providing general employment counseling and advice on a broad array of issues impacting the employer/employee relationship as well as representing employers before federal and state administrative agencies including the Equal Employment Opportunity Commission, U.S. Department of Labor, Texas Workforce Commission Civil Rights Division, Colorado Civil Rights Division, and Colorado Department of Labor and Employment.

 

With over 20 years of experience, Ms. Waters serves as a trusted advisor to employers of all sizes, from small family businesses to national multi-state employers. By taking the time to understand the unique needs and organizational goals of each client, Ms. Waters is able to effectively partner with human resource professionals, management, and C-Suite leadership to develop effective solutions to protect against legal liability and costly litigation. Ms. Waters has extensive experience providing employers with day-to day or ongoing counseling regarding all aspects of the employee life cycle, including pre-employment screening, interviewing and hiring, onboarding, performance management, wage/hour compliance, leaves of absence management, disability accommodations, discrimination, harassment and retaliation claims, HIPAA, COBRA, and health care reform (ACA) compliance, reductions in force, discipline and termination counseling, and separation agreements. Ms. Waters also counsels employers on workplace privacy matters including workplace searches, surveillance of employee communications, use of location tracking and GPS-enabled devices, and compliance with state data protection laws which increasingly require employers to implement reasonable information security procedures to protect employee data.