N.Y. Labor Law Section 215-B
Children

  • adverse information
  • notification

1.

For purposes of this section, the following terms shall have the following meanings:

(a)

“Child” means any person under the age of sixteen;

(b)

“Parent” means the birth or adoptive parent, the guardian or other adult having legal responsibility for the child;

(c)

“Person” means any individual, partnership, corporation, association or other business entity or any employee thereof which regularly maintains a place of business which is open to the public and which operates or is operated for the purpose of offering for sale, whether at wholesale, retail or otherwise, a consumer commodity for purchase by the public;

(d)

“Adverse information file” means any written or other communication of any information with respect to the alleged commission by a child of an act of theft within or directly proximate to any place of business operated by such person which alleged acts had they been committed by an adult would constitute misdemeanor larcenies under the penal law. Any information contained in such file on such child that is likely to have an effect upon the ability or eligibility of such child, either while he is a child or upon attaining a legal status other than a child, to obtain credit, insurance, employment, or other benefits, goods or services for which he may seek shall be deemed to be adverse information within the meaning of such term. Any such information shall be deemed to be adverse without regard to whether any legal action as authorized by the family court act or the penal law was ever commenced against such child with regards to the alleged act of theft;

(e)

“Consumer reporting agency” means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in gathering, assembling or evaluating consumer credit information or other information on, about or relating to consumers, employees or potential employees for the purpose of furnishing reports to third parties.

2.

Any person who opens or causes to be opened an adverse information file shall:

(a)

Open such adverse information file within seven days of the alleged commission of a theft;

(b)

Notify a parent of such child by regular mail within seventy-two hours, exclusive of weekends and holidays, of the time such file is opened, and make known to such parent by such notice that an adverse information file has been opened on his child by such person and such notice shall be accompanied by copies of any documents in the file, including the written statements of admission or denial signed by his child. Such notice shall contain a telephone number for the parent to call to arrange for an appointment and an address to mail additional material for the file. Every person required to make the notification required by this paragraph shall use reasonable diligence and effort to ascertain the proper identity and location of a parent so as to assure that the provisions of this subdivision shall be complied with. In the event that a child divulges a false parent identity or location to a person, the person shall be exempted from the notification requirements of this paragraph unless the person has actual knowledge of the true identity or location of a parent. The notification requirements of this paragraph shall not apply if the child falsely reports or gives false evidence of his age to be sixteen years or over to such person unless the person has actual knowledge that such child is under the age of sixteen. The notification required in this paragraph shall be made without regard to whether any legal action as authorized by the family court act or the penal law was ever commenced against such child with regards to the alleged act of theft;

(c)

Further notify the parent of such child in the notification provided for in paragraph (b) of this subdivision that such parent shall have the right to request that a written statement of two hundred and fifty words or less to be prepared by the child or parent relevant to the alleged act of theft be submitted and contained in such adverse information file. Upon such request and submission the written statement shall be attached to and included with such adverse information file.

3.

No person shall provide access to, give, forward or make available any adverse information file or any part thereof to any consumer reporting agency.

4.

Any person who fails to comply with the requirements of this section applicable to such person shall be liable to the child in an action commenced on behalf of such child in an amount equal to the sum of:

(a)

Any actual damages sustained by the child as a result of any violation of this section;

(b)

Such amount of punitive damages as the court may allow; and

(c)

In the case of any successful action to enforce any liability under this section together with reasonable attorney’s fees as determined by the court.

Source: Section 215-B — Children; adverse information; notification, https://www.­nysenate.­gov/legislation/laws/LAB/215-B (updated Sep. 22, 2014; accessed Jul. 20, 2024).

200
General duty to protect health and safety of employees
200‑A
Laws to be posted at airports
201
Laws and orders to be posted
201‑A
Fingerprinting of employees prohibited
201‑B
Fees for medical examination
201‑C
Discrimination in child-care leave prohibited
201‑D
Discrimination against the engagement in certain activities
201‑E
Maintenance of employee-patient records at occupational health service centers
201‑F
Posting regulations on employment of persons previously convicted of one or more crimes
201‑G
Prevention of sexual harassment
201‑H
Posting of veterans’ benefits and services
201‑I
Request for access to personal accounts prohibited
202
Protection of the public and of persons engaged at window cleaning and cleaning of exterior surfaces of buildings
202‑A
Leave of absence for bone marrow donations
202‑B
Leave for organ or bone marrow donation granted to state employees
202‑C
Prevention of personal injuries in the use of ski tows, other passenger tramways and downhill ski areas
202‑D
Coin-operated machines performing a manufacturing process
202‑E
Protection of persons employed on/in vehicular bridges and/or tunnels
202‑F
Protection of hotel and motel employees against fire hazards in employee housing facilities
202‑G
Display of fuel-connected appliances in wholesale or retail store
202‑H
High-voltage proximity
202‑I
Leave of absence for military spouses
202‑J
Leave of absence for blood donation granted to employees
202‑K
Protection of persons employed in the broadcast industry
202‑L
Leave of absence for volunteer emergency responders
203
Washrooms, washing facilities and waterclosets for elevator employees
203‑A
Seats in certain passenger elevators or relief for the operator
203‑B
Seats for female employees
203‑C
Employee privacy protection
203‑D
Employee personal identifying information
203‑E
Prohibition of discrimination based on an employee’s or a dependent’s reproductive health decision making
203‑F
Inventions made by employees
204
Inspection of boilers
204‑B
Refunds
205
Prohibition against eating meals in certain workrooms
206
Prevention of personal injuries to persons engaged in tree trimming
206‑A
Physical examinations of females
206‑C
Right of nursing employees to express breast milk
207
Protection of employees at switchboards
207‑A
Employee safety in work on energized high voltage lines
208
Labels, brands and marks used by labor organizations
209
Illegal use of labels, brands and marks
209‑A
Fraudulent representation in labor organizations
210
Proceedings for nonenforcement
210‑A
Legal duty to employees
211
Protection of employees
211‑A
Prohibition against use of funds
212
Drinking water for farm laborers
212‑A
Migrant registration law
212‑B
Farm labor camp commissaries
212‑C
Definitions
212‑D
Field sanitation for farm hand workers, farm field workers and farm food processing workers
213
Violations of provisions of labor law
213‑A
Special provisions regarding the purchasing of apparel or sports equipment by the state university of New York and the city university of...
214
Criminal prosecution
215
Penalties and civil action
215‑A
Discrimination against employees for failure to meet certain ticket quotas
215‑B
Children
215‑C
Discrimination against employees for displaying the American flag
216
Failure to pay statutory inspection fees
217
Employee notification and remittance of premiums
218
Violations of certain provisions
218‑A
Sun safety education for state employees
218‑B
Prevention of occupational exposure to an airborne infectious disease
219
Violations of certain wage payment provisions
219‑A
Affirmation in lieu of oath
219‑C
Public notice of employer violations
219‑D
Emergency alert notification system employer registration

Accessed:
Jul. 20, 2024

Last modified:
Sep. 22, 2014

§ 215-B’s source at nysenate​.gov

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