Law and the Workplace
Daniel Saperstein

Daniel Saperstein

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Delaware Adds to Growing Patchwork of Social Media Laws

On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees.  The new law, which also took effect on August 7, defines “personal social media” to encompass any account on a social networking site created and operated by a … Continue Reading

Latest EEOC Discrimination Suit Targets Employment Exam

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) when not “properly validated” as “job-related” and “consistent with business necessity” under the … Continue Reading

Georgia Enacts “Mini”-FCRA

For more than four decades, the federal Fair Credit Reporting Act (“FCRA”) has regulated consumer reporting agencies (“CRAs”) that furnish consumer reports (i.e., background checks) to third parties such as employers. Over the years, several states have adopted so-called “mini”-FCRAs, including Arizona, California, Maine, Massachusetts, Minnesota, New Jersey, New York, Oklahoma, and Washington. Last week, … Continue Reading

NYC Mayor Signs “Ban the Box” Law

Today, Mayor Bill DeBlasio signed a bill (Int. No. 318) that amends the New York City Human Rights Law (“NYCHRL”) to further restrict employers (with four or more employees) from inquiring into or otherwise considering an applicant’s or employee’s criminal history in employment decisions.  The new NYC law will take effect on October 27, 2015. … Continue Reading

Oregon “Bans the Box” for Private Employers

Oregon is the latest state to “ban the box” for private employers.  Starting January 1, 2016, an employer may not require an applicant to disclose a criminal conviction on an employment application or at any time prior to an initial interview.  If the employer does not conduct an interview, then the employer may not require … Continue Reading

New Nevada Law Expands Employer Access to Conviction Records

While Nevada law does not limit how far back employers can directly ask applicants or employees about their conviction history, for years it has generally prohibited consumer reporting agencies (CRAs) from providing employers with conviction records that are more than 7 years old. Earlier this month, however, Nevada’s governor signed a law (S.B. 409) that removes … Continue Reading

Colorado Supreme Court Okays Discharge of Medical Marijuana-Using Employee

Colorado, like some other states including New York, has a law that generally prohibits an employer from discharging an employee for engaging in lawful activities outside of work.  Earlier this week, in Coats v. Dish Network, No. 13SC394, the Colorado Supreme Court affirmed a lower court ruling that the state’s “lawful activities” statute does not … Continue Reading

NYC “Ban the Box” Bill Heads to Mayor’s Desk

On Wednesday, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering  an applicant’s or employee’s criminal history in employment decisions.  Mayor DeBlasio is expected to sign the bill into … Continue Reading

Oregon Amends Social Media Law

About two years ago, Oregon enacted a law restricting employers from accessing the personal social media accounts of their applicants and employees.  For more on the law, see our prior client alert. Last week, Oregon’s governor signed a bill to broaden the protections of the state’s social media law.  The amendment takes effect January 1, … Continue Reading

Cook County, Illinois Amends Human Rights Ordinance To Limit Credit Checks

Cook County, Illinois enacted a bill (No. 15-3088) that amends the Cook County Human Rights Ordinance to restrict employers from asking about or otherwise considering a prospective or current employee’s credit history in employment decisions.  The new ordinance took effect yesterday.  It is nearly identical to laws in Illinois and Chicago that were enacted a … Continue Reading

New Connecticut Online Privacy Law Protects Prospective & Current Employees

Earlier this week, Connecticut Governor Dannel P. Malloy signed a law to protect prospective and current employees from employer interference with their “personal online accounts.” The new law, which will take effect on October 1, 2015, defines personal online accounts to include any online account used by a prospective or current employee exclusively for personal … Continue Reading

“Ban the Box” Trend Continues Across the Country

The “ban the box” movement—which seeks to remove questions about criminal history from an employer’s initial employment application—continues to cut across geographic and political divides. In March and April, we blogged about the governors of two Southern states—Republican Governor Nathan Deal of Georgia and Democratic Governor Terrence McAuliffe of Virginia—ordering the removal of the “box” … Continue Reading

California Court Dismisses FCRA Class Action Against LinkedIn

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation.  By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for employers on the “character, general reputation, personal characteristics, or mode of living” of prospective and current employees.  In the course of furnishing … Continue Reading

NYC Mayor Signs Law Banning Credit Checks

Yesterday, NYC Mayor Bill DeBlasio signed a bill (Int. 0261-2014) that amends the City’s Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s credit history when making employment decisions. The law will take effect on September 3, 2015. As we detailed in our prior post, NYC’s new … Continue Reading

New Montana Law Protects Employee Social Media Accounts

Yesterday, Montana became the twentieth state to enact a law protecting employees from employer interference with personal social media accounts.  The law, which takes effect immediately, prohibits employers from requiring or requesting that a current or prospective employee: disclose a username or password to his or her personal social media account; access a personal social … Continue Reading

NJ Businesses and Lawmakers Continue Debate over Municipal Sick Leave Laws

Controversy continues to stir over the growing number of municipal sick leave laws in the State of New Jersey.  To date, nine such localities—Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson and Trenton— have required employers to provide paid sick leave to their employees.  No other state in the nation has anywhere near … Continue Reading

Credit Checks To Be Banned in NYC

Yesterday, by a 47-3 vote, the New York City Council passed a bill (Int. 0261-2014) to amend the NYC Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s credit history when making employment decisions. Mayor DeBlasio is expected to sign the bill into law. The bill expansively … Continue Reading

Virginia Governor’s Order “Encourages” Private Employers to “Ban the Box”

Last week, Virginia Governor Terrence McAuliffe signed an executive order “banning the box” on most state employment applications and “encouraging” private employers and government contractors to do the same.  “Ban the box” refers to a legislative and executive trend across the country requiring or encouraging employers to delete the “check box” on job applications asking … Continue Reading

Virginia’s Social Media Law Continues Growing Trend

Virginia is now the nineteenth state to provide increased social media protections to prospective and current employees, joining Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Washington, and Wisconsin. Effective July 1, 2015, Virginia’s law will prohibit an employer from requiring a prospective … Continue Reading

Hawaii Supreme Court Says Employer Failed to Establish “Rational Relationship” Between Applicant’s Drug Conviction and Position Sought

Hawaii, like some other states, only permits employers to consider convictions that bear a “rational relationship to the duties and responsibilities of the position.” Recently, the Hawaii Supreme Court had occasion to decide an issue that few other courts have addressed—the relationship of an applicant’s drug conviction to the job sought. In Shimose v. Hawaii … Continue Reading

Third Circuit Says Trucker Entitled to Overtime

Professional motor carriers generally are exempt from overtime payment under the Fair Labor Standards Act (“FLSA”).  The Third Circuit recently held, however, in McMaster v. Eastern Armored Services, Inc., No. 14-1010 (3d Cir. Mar. 11, 2015), that this exemption did not apply to the plaintiff, a motor carrier employee of the defendant who drove vehicles … Continue Reading

Sick Leave Trend Continues in New Jersey, Constitutional Challenge Begins

This week Bloomfield became the ninth locality in the State of New Jersey to require employers to provide sick leave to their employees, joining Jersey City, Newark, Passaic, East Orange, Paterson, Irvington, Trenton, and Montclair. Bloomfield’s new law is quite similar to the other sick leave laws in New Jersey.  Employers in the city with … Continue Reading

NJ “Ban the Box” Law Takes Effect, “Draft Rule” Proposed

New Jersey’s so-called “ban the box” law took effect on March 1, preventing most employers in the State from asking about a prospective employee’s criminal history on the initial job application and until after the first interview of the candidate has taken place.  For more on the new law, please review our prior client alert. … Continue Reading

Georgia “Ban the Box” Policy Crosses Geographic, Political Divides

Republican Governor Nathan Deal signed an executive order this past week adopting a “ban the box” policy for “government entities of the State of Georgia,” making Georgia the first Southern state and only the second “red state” to remove criminal history inquiries from state job applications. The Georgia order not only “bans the box” but … Continue Reading
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