Michelle Gyves
Associate
Michelle A. Gyves is an associate in the Labor & Employment Law Department. Her practice focuses on providing strategic advice and counseling to domestic and multinational employers on a wide range of employment law matters. These matters include hiring and termination, compensation and benefits, restrictive covenants, diversity and inclusion, and global mobility.
Michelle has conducted numerous multi-country audits of employment laws and practices, ensuring clients’ compliance in a wide range of areas. Her experience covers data privacy, disability and leave laws, employer health and safety obligations, and working time regulations, among numerous other issues. She also provides advice on issues related to the intersection of technology and employment law, including “Bring Your Own Device” policies, social media in the workplace and use of electronic signatures for employment documents.
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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 … Continue Reading
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 filed a … 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
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 “that … 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 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
On Thursday, November 19, 2015, Cornell University’s ILR School Labor and Employment Law Program hosted “NYC Ban the Box and Stop Credit Discrimination: A Conversation on Enforcement with the City Commission on Human Rights.” Speaking at the program were Carmelyn P. Malalis, Chair of the New York City Commission on Human Rights (the “Commission”); Paul … 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
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
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
Payroll cards (i.e., debit cards onto which employee wages can be loaded) provide an alternative to more traditional forms of wage payment such as paper checks or direct deposit. Payroll card programs can offer cost-saving benefits to employers as well as benefits for employees, especially those who do not have personal checking accounts. These benefits … Continue Reading
[Podcast]: Laws Governing Background Checks for Employers
By Harris Mufson and Michelle Gyves on Posted in Hiring/Background Checks, The Proskauer Brief Podcast
District Court Dismisses Putative FCRA Class Action For Lack Of Standing
By Steven J. Pearlman, Edward Young and Michelle Gyves on Posted in Hiring/Background Checks
Connecticut and Vermont to Ban the Box in 2017
By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks
Austin, TX Becomes Latest City to Ban the Box for Private Employers
By Michelle Gyves on Posted in Hiring/Background Checks, Workplace Policies and Procedures
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
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
NYC Commission on Human Rights Clarifies Background Screening Laws
By Michelle Gyves on Posted in Hiring/Background Checks
NYCCHR Publishes Pre-Adverse Action Form
By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks, Workplace Policies and Procedures
NYCCHR Issues Guidance on Credit Check Law
By Katharine Parker, Evandro Gigante and Michelle Gyves on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, 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
Can I Pay with a Card? – Proposed Restrictions on NY Employers’ Use of Payroll Cards
By Michelle Gyves on Posted in Wage and Hour, Workplace Policies and Procedures
