Kelly Anne Targett

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California Court Dismisses FCRA Class Action Against LinkedIn

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on May 14, 2015 Posted in Hiring/Background Checks

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

New Montana Law Protects Employee Social Media Accounts

By Daniel Saperstein, Joseph O’Keefe and Kelly Anne Targett on April 24, 2015 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

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

By Daniel Saperstein, Joseph O’Keefe and Kelly Anne Targett on April 23, 2015 Posted in Leaves of Absences, Litigation and Arbitration, Workplace Policies and Procedures

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

EEOC Takes Aim at Employers with “Voluntary” Wellness Programs Tied to Health Benefit Costs

By Katharine Parker and Kelly Anne Targett on October 3, 2014 Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures

On Tuesday, the EEOC commenced its second lawsuit in as many months targeting certain employer wellness programs for violating the Americans with Disabilities Act (ADA). In both of the pending cases, employers are alleged to have maintained wellness programs that required employees to submit to medical examinations (including blood work) and to disclose medical history … Continue Reading

Latest Criminal Background Check Developments Affect San Francisco, Illinois, and Alabama Employers

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on August 7, 2014 Posted in Hiring/Background Checks, Workplace Policies and Procedures

Employers should be aware of the following developments across the country before running a criminal background check: San Francisco’s new “ban the box” ordinance is set to take effect next week, including the requirement that employers post and distribute a notice of rights; the Northern District of Illinois recently granted the Equal Employment Opportunity Commission’s … Continue Reading

Tennessee Enacts Trio of Employment Laws

By Allison Martin, Daniel Saperstein, Joseph O’Keefe, Kelly Anne Targett and Nicholas M. Tamburri on June 20, 2014 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

Tennessee’s governor recently signed three new employment laws. The first, a social media law, takes effect on January 1, 2015,and provides applicants and employees with social media protections similar to those in fifteen other states.The second, a negligent hiring and retention law, designed to provide a measure of protection to employers that hire and retain … Continue Reading

New Jersey Senate Approves Additional Protections for the Unemployed

By Daniel Saperstein, Joseph O’Keefe and Kelly Anne Targett on May 12, 2014 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks

On May 12, 2014, the New Jersey Senate approved a bill—S1440—that would strengthen existing protections for the State’s unemployed. In 2011, New Jersey became the first jurisdiction in the country to limit discrimination against the unemployed by prohibiting job postings that state: (1) current employment is a necessary qualification for the position; (2) an applicant … Continue Reading

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on April 17, 2014 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

On April 13, 2014, Georgia’s governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Read this alert to learn more about the new law. Read the full text of this alert.… Continue Reading

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

By Daniel Saperstein, Katharine Parker, K.M. Zouhary and Kelly Anne Targett on April 16, 2014 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Litigation and Arbitration, Workplace Policies and Procedures

In Equal Employment Opportunity Commission v. Kaplan Higher Education Corp., the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that Kaplan’s use of credit checks disparately impacted African-American applicants in violation of Title VII of the Civil Rights Act of 1964. Read … Continue Reading

New Mexico Law Requires Employers to Post Human Trafficking Poster

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on April 8, 2014 Posted in Workplace Policies and Procedures

New Mexico’s governor recently signed a law mandating that, no later than July 1, 2014, employers subject to the state’s Minimum Wage Act conspicuously display in their facilities a poster on human trafficking. Read this alert to learn more about the new posting requirements. Read the full text of this alert. … Continue Reading

Connecticut Moves Toward Highest Minimum Wage of Any State in the Country

By Carolyn M. Dellatore, Daniel Saperstein, Fredric Leffler and Kelly Anne Targett on April 3, 2014 Posted in Wage and Hour, Workplace Policies and Procedures

On March 27, 2014, Connecticut Governor Dannel Malloy signed a law that is poised to make Connecticut’s minimum wage the highest of any state in the nation by 2017. Employers should read this alert to ensure compliance with the new minimum wage rates once they take effect. Read the full text of this alert.… Continue Reading

San Francisco Releases “Ban the Box” Notice for Posting and Distribution

By Tony Oncidi, Mark Theodore, Kelly Anne Targett, Kenneth Sulzer, Enzo Der Boghossian and Daniel Saperstein on March 31, 2014 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

San Francisco’s new Fair Chance Ordinance (“FCO”) “bans the box” and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel decisions. One of the requirements of the FCO is for employers and contractors to post and distribute a written notice of rights, which San … Continue Reading

Philadelphia Issues New Pregnancy & Employment Rights Notice

By Daniel Saperstein, Kelly Anne Targett and Marc A. Mandelman on March 28, 2014 Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures

Philadelphia recently amended its fair employment practices ordinance to expand protection for employees against discrimination based on pregnancy, childbirth, or a related medical condition. Among other things, employers must provide a written notice of rights to all existing employees by April 20, 2014, and to all new hires thereafter. For more on the new ordinance, … Continue Reading

Will New Jersey Raise the Minimum Wage for Tipped Workers?

By Carolyn M. Dellatore, Daniel Saperstein, Joseph O’Keefe and Kelly Anne Targett on March 24, 2014 Posted in Wage and Hour, Workplace Policies and Procedures

On March 24, 2014, the New Jersey Assembly Labor Committee advanced a bill (A857) that, should it become law, would raise dramatically the state’s minimum wage for tipped workers. Currently, New Jersey employees who receive tips or gratuities must be compensated at no less than the minimum federal tip credited hourly wage of $2.13. Under … Continue Reading

D.C. Expands Paid Sick Leave Law

By Connie Bertram, Carolyn M. Dellatore, Daniel Davis, Daniel Saperstein, Katharine Parker and Kelly Anne Targett on March 14, 2014 Posted in Leaves of Absences, Workplace Policies and Procedures

D.C.’s Earned Sick and Safe Leave Amendment Act of 2013 significantly broadens the scope of the Accrued Sick and Safe Leave Act of 2008 (the “ASSLA”) by covering more employees, as well as imposing additional recordkeeping requirements. The Amendment took effect last week but it will not apply to employers until a statement of its … Continue Reading

San Francisco “Bans the Box” for Private Employers and City Contractors

By Tony Oncidi, Daniel Saperstein, Enzo Der Boghossian, Jenna Hayes, Kenneth Sulzer, Kelly Anne Targett and Mark Theodore on February 24, 2014 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

San Francisco recently became the ninth jurisdiction to enact a “ban the box” ordinance prohibiting private employers and city contractors and subcontractors from asking job applicants about their criminal histories until after the first interview. The new ordinance further restricts the types of criminal offenses about which employers and contractors may inquire or otherwise may … Continue Reading

New Jersey Senate Considering Protections for Employees During States of Emergency

By Daniel Saperstein, Joseph O’Keefe and Kelly Anne Targett on February 15, 2014 Posted in Workplace Policies and Procedures

On the heels of one of the most difficult winters in recent memory, a recently-introduced bill (S1717) in the New Jersey Senate would protect employees from adverse actions due to absence from the workplace during a “state of emergency.” According to the bill, a “state of emergency” is a natural or man-made disaster or emergency … Continue Reading

Philadelphia Latest to Protect Pregnancy, Require Reasonable Accommodation

By Daniel Saperstein, Katharine Parker, Kelly Anne Targett and Nicholas M. Tamburri on February 7, 2014 Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures

Philadelphia recently amended the city’s fair practices ordinance to expand the protections against discrimination for employees based on pregnancy, childbirth, or a related medical condition. This alert examines the amendment, which took effect on January 20, 2014. Read the full text of this alert.… Continue Reading

New York City Pregnancy Accommodation Law Now in Effect

By Daniel Saperstein, Fredric Leffler, Katharine Parker, Kelly Anne Targett and Marc A. Mandelman on January 30, 2014 Posted in Workplace Policies and Procedures

The most recent amendment to the New York City Human Rights Law takes effect January 30, 2014. Read this alert for a quick review of the steps employers must take to comply with the amended law. Read the full text of this alert.… Continue Reading

NYC Issues Foreign Language Versions of New Pregnancy & Employment Rights Notice

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on November 11, 2013 Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures

Proskauer recently issued a client alert on the release of the new pregnancy and employment rights notice in English. Now available on the New York City Commission on Human Rights Web site are foreign language versions of the new notice in Chinese, Haitian Creole, Italian, Korean, Russian, and Spanish. For information on the time and … Continue Reading

California Further Restricts Employer Use of Prior Convictions in Hiring Decisions

By Tony Oncidi, Mark Theodore, Kelly Anne Targett, Kenneth Sulzer, Enzo Der Boghossian and Daniel Saperstein on November 5, 2013 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. This alert examines the new law, which takes effect January 1, 2014. Read the full text of this alert. … Continue Reading

New York City Issues New Pregnancy & Employment Rights Notice in English, Foreign Language Versions to Follow

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on October 31, 2013 Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures

Earlier this month, Proskauer issued a client alert on the latest amendment to the New York City Human Rights Law, which expands the protections against discrimination for pregnant employees. For more on the new law, see our prior client alert New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations. One of … Continue Reading

New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on October 2, 2013 Posted in Discrimination, Harassment and Retaliation, Leaves of Absences

On October 2, 2013, New York City Mayor Michael Bloomberg signed Int. No. 974-2012A to amend the New York City Human Rights Law (NYCHRL) by expanding protections against discrimination for pregnant employees. Read this alert to learn more about the amendment, which takes effect on January 30, 2014. Read the full text of this alert.… Continue Reading

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