Since the onset of the COVID-19 pandemic, remote work quickly proliferated, and has continued in some fashion ever since. As a consequence, there has also been a proliferation of employers that have become multijurisdictional in ways they never were before. When engaging workers, employers must be mindful of nuances in employment laws in employees’ home states—even in states where an employer has no office or other connection. New York has its own employment law idiosyncrasies that employers need to consider when engaging employees who live or work in New York City or New York State. Below is a checklist of critical employment-related laws to consider.

Onboarding

• At-will employment. New York is an at-will employment state. Unless agreed upon otherwise, employees are employed at-will, which means, day to day, the employee has no guarantee of future employment, and either the employee or employer may terminate the relationship at any time, without reason or notice.
• Background checks. In New York City, background checks or requests relating to an applicant’s criminal history may only be conducted after a job offer is extended to a candidate. Employers should be aware that state law puts limitations on employers that may want to deny employment to an applicant with a criminal conviction record.
• Drug Testing. Unless otherwise permitted by law, New York employers cannot test employees for cannabis. THC should be removed from the drug panel of any pre-employment drug...

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