Law and the Workplace

Category Archives: Hiring/Background Checks

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Massachusetts Attorney General Issues Guidance on Updated Pay Equity Law

By Laura Franks, Mark W. Batten and Samantha Regenbogen Manelin on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The Massachusetts Office of the Attorney General recently issued guidance on the new amendments to the Massachusetts Equal Pay Act (“MEPA”), effective July 1, 2018. Although the guidance is extremely detailed and should be reviewed in full, employers should take note of the following details: Coverage The MEPA and amendments are substantial in scope, covering … 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
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

Illinois Senate Fails to Override Governor’s Veto of Salary History Ban

By Alex Weinstein, Connie Bertram and Emilie Adams on Posted in Hiring/Background Checks
Bucking the nationwide trend, Illinois was unable to pass a law prohibiting employers from asking job applicants about their salary history. On November 9, 2017, the Illinois Senate failed to override Governor Rauner’s veto of a salary history ban. As we previously reported, on August 25, 2017, Governor Rauner vetoed a bill that would have … Continue Reading

District Court Dismisses Putative FCRA Class Action For Lack Of Standing

By Edward Young, Michelle Gyves and Steven J. Pearlman on Posted in Hiring/Background Checks
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

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

By Tony Oncidi and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring process. The law, which will go into effect on January 1, 2018 and will apply to all private and public … Continue Reading

UPDATED: New York City Commission on Human Rights Publishes FAQ Guidance on NYC Salary History Law

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
NYC Commission on Human RightsOn the heels of its recently issued fact sheets, the NYC Commission on Human Rights (the “Commission”) has published a frequently asked questions page on the New York City salary history inquiry law, which goes into effect on October 31, 2017. The FAQs address a number of details about the law, which restricts the ability … Continue Reading

Fact Sheets for Employers and Applicants Issued on NYC Salary History Inquiry Law

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
NYC Commission on Human RightsAs the October 31, 2017 effective date for the New York City salary history inquiry law fast approaches, the NYC Commission on Human Rights (the “Commission”) has issued two new fact sheets addressing applicants’ rights, and employer responsibilities, under the new law.  The first fact sheet is addressed to job applicants, while the second fact … Continue Reading

Illinois Governor Vetoes Bill That Would Prohibit Employer Inquiry Into Wage History

By Alex Weinstein and Steven J. Pearlman on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
On August 25, 2017, Illinois Governor Bruce Rauner vetoed a bill that would prohibit employers from asking applicants about their wage histories. The bill, known as the Illinois No Salary History Law, previously had been passed by the Illinois House and Senate with overwhelming bipartisan support (91-24 in the House and 35-18 in the Senate).  The … Continue Reading

Top Five Proactive Ways for Start-Ups to Avoid HR Nightmares

By Keisha-Ann Gray on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
Unless you’ve been under a rock, the fact that many start-ups have recently found themselves on the wrong side of the litigation or threatened litigation “v.” should not surprise you. In fact, it is often the very things that make start-ups so appealing – their laid back culture, open floor plans, no dress code, lack … Continue Reading

UPDATE: Philadelphia Law Prohibiting Salary History Inquiries Survives Legal Challenge … For Now

By Allan Bloom and Laura Fant on Posted in Hiring/Background Checks
A Pennsylvania federal district court has dismissed a lawsuit seeking to declare unconstitutional a Philadelphia ordinance making it unlawful for employers to inquire into a job applicant’s wage history during the hiring process. As we previously reported, the Chamber of Commerce for Greater Philadelphia (the “Chamber”) sought to enjoin the new city law in April 2017, … Continue Reading

[Podcast] The Proskauer Brief: New York City’s New Salary History Law

By Harris Mufson and Laura Fant on Posted in Hiring/Background Checks, The Proskauer Brief Podcast, Wage and Hour, Workplace Policies and Procedures
In the inaugural “The Proskauer Brief” podcast episode, senior counsel Harris Mufson and associate Laura Fant discuss New York City’s new salary history law, noting that employers should be actively taking steps to prepare for October 31, 2017, when the law will go into effect. This law will place significant restrictions on the ability of employers to … Continue Reading

New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions

By Joseph Baumgarten and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a covered employer may extend beyond a worker’s direct employer to also include entities that exercise “order and control” … Continue Reading

Mayor Signs Into Law New York City Bill Restricting Employer Inquiries Into Applicants’ Salary History

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
New York City Mayor Bill de Blasio has signed into law a bill that will make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception.  The law will take effect on October 31, 2017. As we previously reported, the law prohibits employers, employment … Continue Reading

Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal Challenge

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process. As we previously reported, the law was scheduled to take effect on May 23, 2017.  However, on April 6, 2017, the Chamber of Commerce for Greater Philadelphia … Continue Reading

New York City Council Approves Bill Restricting Employer Inquiries Into Applicants’ Salary History

By Arielle E. Kobetz, Laura Fant and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The New York City Council has approved a bill that would make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception.  The bill now goes before Mayor Bill de Blasio and, if signed, will become effective 180 days following signature. As we previously … Continue Reading

New Orleans Mayor Issues Executive Order Restricting City Departments From Inquiring Into An Applicant’s Salary History

By Nicole Eichberger and Tulio Chirinos on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
New Orleans Mayor, Mitch Landrieu, has issued an executive order that bans questions about salary history during the application processes for City positions. The executive order is effective January 25, 2017 and is similar to measures in Philadelphia and Massachusetts. The executive order applies to all City departments and prohibits inquiries about a candidate’s salary … Continue Reading

Philadelphia The Latest To Restrict Employer Inquiries Into Applicants’ Salary History

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Job ApplicationThe City of Philadelphia has passed an ordinance that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process.  The law, which amends the city’s current Fair Practices Ordinance, will take effect on May 23, 2017. The ordinance states that—absent a federal, state, or local law specifically authorizing the … Continue Reading

Proskauer’s Value Insights Survey is Now Live

By Elise M. Bloom on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Independent Contractor, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Strategic Corporate Planning, Vacation policy, Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
Proskauer’s second Value Insights: Delivering Value in Labor and Employment Law survey is now live and we want to hear from you. Value Insights explores how in-house counsel can maximize the value they provide to their business partners and correspondingly, how they can most effectively partner with outside counsel on managing labor and employment work. … Continue Reading

Participate in Proskauer’s Value Insights Survey

By Elise M. Bloom on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Vacation policy, Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
Last year, Proskauer’s Labor and Employment Law Department conducted 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 and to work with … Continue Reading

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction History

By Joseph Baumgarten and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law (“NYSHRL”). Section 296(15) states that it is an unlawful discriminatory practice to deny employment based on past criminal offenses … Continue Reading

Proposed Law Would Prohibit New York City Employers From Inquiring Into Applicants’ Wage History

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Job ApplicationNew York City Public Advocate Letitia James has introduced legislation before the City Council that would amend the New York City Human Rights Law to make it an unlawful employment practice for employers to request job applicants’ wage history during the hiring process. The bill would prohibit any employer or employment agency from asking about … Continue Reading

Massachusetts Passes Pay Equity Bill Restricting Employers From Inquiring Into Applicants’ Wage History

By Laura Fant and Mark W. Batten on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Massachusetts has passed an amendment to the state’s equal pay law aimed at strengthening prohibitions on gender discrimination in the payment of wages for comparable work. The new bill, signed by Governor Charlie Baker (R) this week and effective starting in July 2018, provides a definition of “comparable work” for purposes of analyzing pay equity … Continue Reading

Connecticut and Vermont to Ban the Box in 2017

By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks
Job ApplicationBeginning 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

Philadelphia, PA Bans Use of Credit Information in Employment Decisions

By Laura Fant and Wanda Ellert on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Job ApplicationEffective as of July 7, 2016, amendments to the Philadelphia, PA Fair Practices Ordinance make it an unlawful discriminatory practice for an employer to procure, seek to procure, or use an applicant’s or employee’s credit information in connection with making any decisions relating to an individual’s hire, discharge, tenure, promotion, discipline, or in consideration of … Continue Reading
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