Katharine Parker
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News that the Zika virus has reached the United States may be prompting employers to think more closely about employee safety and what steps should be taken to address disease prevention and management in the workplace. What Is Zika? According to the Centers for Disease Control and Prevention (CDC), Zika is a virus that is … Continue Reading
Beginning in 2017, Connecticut and Vermont will become the eight and ninth states to “ban the box” for private employers: Connecticut Effective January 1, 2017, Connecticut employers will be prohibited from requesting criminal history information on an initial application form. Exceptions apply if: the employer is required by federal or state law to inquire about criminal … Continue Reading
Proskauer’s Labor and Employment Law Department is pleased to announce the release of its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives … Continue Reading
In what is being called one of the most comprehensive programs of its kind in the United States, New York State has enacted a paid family leave law that will ultimately require employers to provide eligible employees with up to 12 weeks of paid, job-protected leave per year to care for a new child or … Continue Reading
On Monday, March 28, 2016, Mayor Bill de Blasio signed several bills (Intros 814-A, 818-A, and 819) amending the New York City Human Rights Law (“NYCHRL”). The amendments strengthen employee protections by changing existing laws to provide for 1) a more liberal construction of the NYCHRL for plaintiffs; 2) attorneys’ fees, expert fees, and other … Continue Reading
As mentioned in our recent post, the New York City Commission on Human Rights is proposing to amend its rules to establish various definitions and clarify certain requirements under the Fair Chance Act. Key aspects of the proposed rules include the following: Applicability of the Fair Chance Act Post-Hire: “Applicants” are defined to include both … Continue Reading
The New York City Commission on Human Rights (the “Commission”) published today a Notice of Public Hearing and Opportunity to Comment on its proposal to amend its rules to establish certain definitions and procedures in connection with the Fair Chance Act. (See our prior blog posts on the Fair Chance Act here, here and here.) … Continue Reading
The Colorado Wage Protection Act, which amended the existing Colorado Wage Act, § 8-4-101, et seq., governs payment of wages for work performed in Colorado. The Act became effective on January 1, 2015, and is enforced by the Colorado Division of Labor (“Division”). Under the Act, vacation pay, earned in accordance with the terms of … Continue Reading
The past several weeks have seen a flurry of “ban the box” developments, including: The passage of a law in Portland, Oregon banning the box for private employers; The page of amendments expanding the ban the box law in Philadelphia, Pennsylvania; and The publication of regulations regarding New Jersey’s ban the box law. These developments … Continue Reading
As the laws governing the treatment of pregnant employees and new mothers continues to evolve, one recent decision from the United States District Court for the Northern District Alabama highlights the complexities that arise from the patchwork of federal laws that apply to employees during and after pregnancy. Facts The plaintiff in Hicks v. City … Continue Reading
The Jersey City Council voted to expand the scope of the City’s existing sick leave ordinance yesterday. Under the Ordinance as amended, employers with less than 10 employees now will be required to provide employees with up to 24 hours of paid sick leave and up to 16 hours of unpaid sick leave per year. … Continue Reading
New York City’s new Fair Chance Act goes into effect this Tuesday (October 27, 2015). As discussed in our prior posts (here and here), New York employers have long been required – prior to taking adverse action on the basis of an applicant’s criminal record – to engage in a multi-factor analysis under Article 23-A … Continue Reading
On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed until the employee was fired for her poor attendance record and not within two years of each alleged leave … Continue Reading
Tonight, at the Pride Agenda Dinner, Governor Cuomo announced that he plans to extend protections against discrimination in employment, housing and public accommodations to transgender individuals. The New York City Human Rights Law has long protected transgender individuals, but bills to amend the New York State Human Rights Laws have not secured the necessary votes to pass. The governor intends to bypass … Continue Reading
In August, the City of Pittsburgh, Pennsylvania passed an ordinance that will require most employers to provide workers with paid or unpaid sick time. Pittsburgh follows the lead of Philadelphia, which approved a similar measure earlier this year. Shortly thereafter, the Pennsylvania Restaurant and Lodging Association and a group of Pittsburgh businesses filed a challenge … Continue Reading
Employers interested in attracting and retaining women and promoting greater gender diversity in their executive ranks will be interested in the Wall Street Journal’s Special Report on Women in the Workplace. The Report contains a number of interesting articles including: An article summarizing the results of a new study conducted by LeanIn.Org and McKinsey & … Continue Reading
We were pleased to host a program this morning on New York City’s two new background check laws, the Stop Credit Discrimination in Employment Act and the Fair Chance Act. Paul Keefe, Supervising Attorney at the NYC Commission on Human Rights gave a detailed presentation on the new laws and clarified the Commission’s interpretation of … Continue Reading
The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect today and modified the New York City Human Rights Law to place limitations on employers’ ability to conduct credit checks on employees and applicants for employment. See our previous … Continue Reading
The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have questions about what they can do to help prevent workplace violence. The Occupational Safety and Health Act (OSHA) requires employers to maintain … Continue Reading
Effective as of October 15, 2015, employers in Maine will be restricted in their ability to access the personal social media accounts of applicants and employees. Specifically, under the new law, an employer may not: Require, coerce or request that an employee or applicant disclose the password for a private social media account; Require, coerce … Continue Reading
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
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
In a recently enacted budget measure, Connecticut has moved one step closer to implementing statewide paid family and medical leave for employees. However, details about funding and the extent of coverage that any ultimately adopted measures would provide remain to be seen. In Section 413 of a special session bill, Public Act No. 15-5, passed … Continue Reading
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
Zika Virus and the Workplace: What Employers Should Know
By Katharine Parker and Laura Fant on Posted in Workplace Policies and Procedures, Workplace Safety
Connecticut and Vermont to Ban the Box in 2017
By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks
Proskauer Releases Survey Results on Value Insights: Delivering Value in Labor and Employment Law
By Katharine Parker on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Immigration, Independent Contractor, Leaves of Absences, Litigation and Arbitration, National Labor Relations Board, Non-Competes and Protection of Corporate Assets, Performance Management, Discipline & Termination, Strategic Corporate Planning, Vacation policy, Wage and Hour, Whistleblower, Workplace Policies and Procedures, Workplace Restructuring and WARN
New York State Enacts Paid Family Leave Law
By Katharine Parker and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Mayor de Blasio Signs New Laws Strengthening NYC’s Human Rights Law
By Ebony Ray and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration
Overview of Proposed Fair Chance Act Rules
By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks, Workplace Policies and Procedures
NYC Commission on Human Rights Proposes Fair Chance Act Rules
By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks, Workplace Policies and Procedures
New Guidance on “Use It or Lose It” Vacation Policies in Colorado: What Is “Earned” Cannot Be Forfeited
By Allan Weitzman, Jurate Schwartz and Katharine Parker on Posted in Wage and Hour
Ban the Box Update Round Up: Portland, Philadelphia and New Jersey
By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks, Workplace Policies and Procedures
Federal Court Decision Highlights Complexities of Laws Applicable to Pregnant Employees
By Jacquelyn Weisman and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
Jersey City, New Jersey Expands Paid Sick Leave
By Allison Martin and Katharine Parker on Posted in Leaves of Absences, Workplace Policies and Procedures
NYCCHR Publishes Pre-Adverse Action Form
By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks, Workplace Policies and Procedures
Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial
By Katharine Parker and Ryan Hutzler on Posted in Leaves of Absences, Performance Management, Discipline & Termination
Transgender Individuals to Gain Protection under New York State Law
By Katharine Parker on Posted in Discrimination, Harassment and Retaliation
Pittsburgh’s New Sick Leave Ordinance Challenged in State Court
By Allison Martin and Katharine Parker on Posted in Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
Women in the Workplace
By Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
NYC Commission on Human Rights Explains New NYC Background Check Laws
By Katharine Parker on Posted in Hiring/Background Checks, Workplace Policies and Procedures
NYCCHR Issues Guidance on Credit Check Law
By Evandro Gigante, Katharine Parker and Michelle Gyves on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Addressing and Preventing Workplace Violence
By Katharine Parker and Rachel Fischer on Posted in Workplace Policies and Procedures
Maine Enacts Social Media Protections for Applicants and Employees
By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks
Delaware Adds to Growing Patchwork of Social Media Laws
By Daniel Saperstein and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Latest EEOC Discrimination Suit Targets Employment Exam
By Daniel Saperstein and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Performance Management, Discipline & Termination, Workplace Policies and Procedures
Connecticut Takes Next Steps Toward Implementing Paid Family and Medical Leave
By Katharine Parker and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Georgia Enacts “Mini”-FCRA
By Daniel Saperstein and Katharine Parker on Posted in Hiring/Background Checks
