As we head into a new year, employers should make plans to implement developments in various areas of employment law that will take effect in 2025 while confirming compliance with changes that have occurred over the past year. This alert highlights those changes for New York State and New York City and covers what employers can do to prepare for these developments.

New York State

New York Clean Slate Act, Effective Nov. 16, 2024

The New York Clean Slate Act (or the Act), which took effect Nov. 16, 2024, provides for the automatic sealing of certain convictions when certain periods of time have passed, after which information regarding the sealed convictions generally will no longer be available in connection with criminal background checks. The Act amends New York Criminal Procedure Law Section 160.57 to require the New York State Unified Court System to seal eligible convictions by no later than Nov. 16, 2027. Thereafter, all eligible convictions will be sealed automatically. Relatedly, the Act also amends New York State Human Rights Law Section 296(16), which prohibits employers from inquiring into or taking adverse action against applicants or employees based on such sealed convictions.

Importantly, the Act requires employers to provide additional notices to applicants and employees as to criminal history information the employer receives, regardless of whether the employer is considering taking an adverse action on the basis of an applicant’s or employee’s criminal...

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