HR Compliance in New York State

As New York State compliance remains ever-changing, there are new updates and requirements that employers need to be mindful of. Compliance impacts many areas of an organization- everything from interviewing candidates to managing leave requests. ESC is pleased to release a compliance blog series that will cover different areas of HR that employers need to be aware of. This is the first segment of our compliance series, and this blog will provide information regarding the recruiting, interviewing, and hiring process.


Recruiting, Interviewing and Hiring

Many factors need to be considered in the recruiting, interviewing, and hiring process. Having a documented process for each step helps ensure the organization recruits and retains qualified talent in a consistent, thorough, and compliant manner.

It is a best practice to post positions internally to encourage current employees to apply. Ensure that applicants can expect an interview within a certain time frame, and are notified if the position is filled, next steps etc. Poor communication with applicants and prolonged wait times during the interview process may deter applicants from continuing the process with your company.


Recruiting & Hiring Compliance Checklist

Job Descriptions and Job Postings

  • Review and update the job description, ensuring that the job title is specific and accurately describes the role
  • Include a job summary that describes how the position contributes to the organization’s overall mission
  • To attract qualified talent, ensure that essential duties are clearly defined, and list all qualifications and responsibilities required.
  • When creating the job posting, be sure to highlight key aspects of the role.
  • Include a comprehensive, yet concise list of job duties from the job description
  • Write the job posting so that it will be attractive to job seekers; use this opportunity to show what sets your company apart from the rest
  • Advertise the job opening widely across multiple platforms such as LinkedIn, job boards, social media, professional association websites, professional contacts, and internal employees



  • Ensure that all candidates complete an application for the open position
  • Ensure the application is updated and does not ask any illegal questions such as salary history or age
  • Ensure that the application does not ask any discriminatory questions such as citizenship, religion, national origin, marital status, etc.
  • Use gender-neutral language in the application
  • If your company uses an ATS (Applicant Tracking System) when recruiting, ensure that any AI (Artificial Intelligence) features in the system do not cause disparate impact on applicants



  • Develop standard interview questions
  • Train staff who will be interviewing candidates to ensure consistency and compliance during the process
  • Review the legality of questions as it has changed over time
  • Avoid questions such as:
    • “When did you graduate from college?”
    • “If you’re required to work overtime, you mentioned children, who will watch them?”
    • “What is the disability that you have?”



  • Review applicants’ experience, qualifications, and work history in relation to the job description and the culture of the company
  • Reread interview notes and review employment references
  • Compile interviewer ratings from candidate interviews, review results, and determine the top candidate


Making the Offer

  • Offer the selected candidate the position, be sure to include information such as benefits offered, salary, work schedule, and start date
  • Review any additional requirements that are needed for employment, such as proof of professional licenses, successful completion of a drug test, physical exam, background check, etc.
  • Provide the candidate time to consider the offer and include a date by which you will need their answer


Recruiting and Hiring in New York State

In the past, employers often asked applicants how much they made in their previous jobs. Employers can no longer ask for this information, as New York State instituted a salary history inquiry ban in January 2020. Instead, employers can ask what salary range the candidate expects in the position they are applying for.


Ensuring that your recruiting and hiring process is compliant can be a taunting task. When you work with ESC, it does not have to be. Please contact us if we can help with compliance questions surrounding your recruiting and hiring process.

Stay tuned for the next post in our series focused on wage and pay transparency compliance coming next week!