New York City Amends Fair Chance Act, Further Limiting NYC Employers’ Ability to Consider Criminal History of Applicants and Employees

In addition to navigating compliance with the technical requirements of the federal and New York State Fair Credit Reporting Acts, New York City employers have long wrestled with state and city laws regulating the extent to which they can inquire about and consider the criminal history of their employees and job applicants. New York City recently enacted amendments to the NYC Fair Chance Act that will further restrict employers’ ability to consider the criminal history of applicants and employees when making employment decisions. This alert summarizes these new requirements, which will go into effect this summer.

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NYS Legislature Passes Paid COVID Vaccination Leave Law

Last week, the New York State Legislature passed a bill which would provide paid leave to employees of private employers to be vaccinated against COVID-19. The law requires employers to provide employees with up to four hours of paid time off per vaccine injection unless the employee receives a greater amount of paid time off under a collective bargaining agreement or pursuant to the employer’s policies.

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New York State Issues Guidance on Use of COVID-19 Sick Leave


Since March 2020, New York State law has required employers to provide job protected sick leave for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 and who are unable to telework (“COVID-19 Sick Leave”). Last week, the New York State Department of Labor issued additional guidance that appears to significantly expand employees’ entitlement to COVID-19 Sick Leave.

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EEOC Issues Guidance on COVID Vaccine

The FDA has begun the process of approving vaccines for COVID-19, and many employers have raised questions regarding whether and how to implement a vaccination protocol in the workplace. Yesterday, the Equal Employment Opportunities Commission (“EEOC”) issued guidance for employers on how the vaccine interacts with federal equal employment opportunity laws, such as the Americans with Disabilities Act (“ADA”), the Genetic Information Nondiscrimination Act (“GINA”), and Title VII.

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