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Total Articles: 3

New Waiver Procedures for Nonprofits to Hire Licensed Professionals

New York nonprofit corporations must apply for a waiver from the New York State Education Department (the “department”) to employ certain licensed professions. The New York State Education Law restricts the practice of a profession to individuals who are licensed or otherwise authorized to provide professional services and to entities that are authorized to employ licensed professionals or qualified persons. Therefore, until recently, New York did not allow a licensed professional (such a social worker or therapist) to offer their professional services as an employee of a nonprofit. A recent amendment to the Education Law allows the Department’s Office of the Professions to issue waivers allowing nonprofits and education corporations to employ certain licensed professionals.

Reminder: Two Amendments to the New York Correction Law Take Effect February 1, 2009.

New York employers also are reminded that two amendments to the New York Correction Law regarding background checks of prospective employees went into effect on February 1, 2009.

New York Employers Must Comply with New Law on Criminal Background Checks.

Effective February 1, 2009, all New York employers must post New York State Correction Law Article 23-A in a "visually conspicuous manner." Additionally, employers must provide an individual subject to a background check with a copy of Article 23-A. Article 23-A requires both public and private employers to consider a number of factors before taking an adverse action against, or denying employment to, an individual who has been convicted of a crime.
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