GNYADA July 2015 Newsletter

4 6,000 lb Pickups Allowed on Parkways New DMV regulations recently increased the weight limit for a pickup truck to be registered as a passenger-class vehicle from 5,500 lbs to 6,000 lbs. Unladen weight of 6,000 pounds or less and exclusively used for non-commercial purposes no business advertising n n

GNYADA thanks DMV for working with us in allowing a wider range of pickups to be sold and driven as pas- senger vehicles.

A pickup may now be registered as passenger vehicle, at the customer’s option, if it meets the following criteria:

The rule will also apply to leased or rented pickups, as long as the customer certifies that the truck will be used for non-commercial purposes only.

NYC Council Bars Criminal Background Checks

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On June 10, the New York City Council passed a bill barring busi- nesses from questioning job appli- cants about their criminal history before a job is offered . This bill, referred to as the Fair Chance Act or the Ban the Box Act will become effective at the end of October. The bill does not require employers to hire people with criminal back- grounds or prohibit employers from

running background checks. Under the bill, an employer may only inquire about an applicant’s criminal history after extending a conditional job offer. Once the conditional job offer is made, the employer can request and review this information. Written Statement Required If after reviewing a background check, the employer no longer wishes to employ the appli-

cant, the employer must provide a written statement explaining why, along with a copy of the criminal record(s) in question. At that time, the employer must give the applicant at least three days to respond before hir- ing anyone else for the position. The three-day requirement is intended to give the applicant enough time to challenge any inaccuracies on the record, and to engage in a discussion with the employer.

6 GNYADAWins Credit Check Exemption For Dealers The New York City Council recently passed legislation making it unlawful for employers to use credit checks as a hiring factor for its applicants. the hiring process could have a dis- parate impact on certain minority and other protected groups, a subject of recent focus by the Equal Employ- ment Opportunity Commission.

these requested exceptions. The bill now includes an exemption allowing auto dealers and other NYC busi- nesses to perform credit background checks on employees that will have access to assets that value $10,000 or more. Basically, this exemption means that dealerships can continue performing their usual credit background checks for employees, provided they still comply with the various notice and consent requirements of the federal , and state Fair Credit Reporting Acts. In addition, dealers should continue to be mindful that use of credit reports in

When initially introduced over a year ago, the bill completely banned the use of individuals’ consumer credit histories for hiring and other employ- ment purposes, except when required by law. During Council hearings GNYADA and other organizations advocated for additional exceptions, including employees in sensitive posi- tions in retailing sectors.

Given the increased scrutiny on the use of consumer credit history in employment decisions, this is a good opportunity for employers in New York to revisit their credit check prac- tices to determine whether they serve a legitimate business purpose and to ensure that they are legally compliant.

Ultimately, the Council agreed to

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • July 2015 3

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