Michelle Gyves

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the proskauer brief logo imageIn this episode of the “Can My Employees Do That?” series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and similar activities. We also discuss whether an employer can restrict an employee’s association with groups or publications on social media or elsewhere which espouse ideologies that are at odds with the employer’s values. Lastly, we will cover to what extent an employer can limit political speech at work. So be sure to tune in for this very insightful episode.

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In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates. In addition to FCRA, we also discuss how “ban the box” and credit check laws play a role in screening potential employees. Be sure to tune in for more information on how these laws can affect both employers and candidates.

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The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to pursue her claims. Saltzbreg v. Home Depot, U.S.A., Inc., No. 17-cv-05798 (C.D. Cal. Oct. 18, 2017).

The Complaint

The plaintiff…

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

…

Austin, Texas recently became the latest city to “ban the box” for private employers.  Under the new law, Austin employers with 15 or more employees may not require an applicant to disclose his or her criminal history prior to extending a conditional offer of employment.  The law defines “conditional employment offer” as an offer…

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

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