Law and the Workplace

Tag Archives: employee handbooks/policies

Vermont Becomes the Fifth State with a Paid Sick Leave Law

A new Vermont law will require most employers to provide paid sick time to employees. Vermont is the fifth state to adopt a paid sick leave law, following Connecticut, California, Massachusetts, and Oregon.  The law will be effective on January 1, 2017. Some Key Provisions of the New Law: While the law takes effect on … Continue Reading

NYC Commission on Human Rights Clarifies Background Screening Laws

NYC Commission on Human RightsOn 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

NYCCHR Publishes Pre-Adverse Action Form

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

Transgender Individuals to Gain Protection under New York State Law

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

Women in the Workplace

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

NYC Commission on Human Rights Explains New NYC Background Check Laws

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

NYCCHR Issues Guidance on Credit Check Law

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

Delaware Adds to Growing Patchwork of Social Media Laws

Man using smartphoneOn 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

Latest EEOC Discrimination Suit Targets Employment Exam

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

NYC Mayor Signs “Ban the Box” Law

Today, Mayor Bill DeBlasio signed a bill (Int. No. 318) that amends the New York City Human Rights Law (“NYCHRL”) to further restrict employers (with four or more employees) from inquiring into or otherwise considering an applicant’s or employee’s criminal history in employment decisions.  The new NYC law will take effect on October 27, 2015. … Continue Reading

Massachusetts Paid Sick Leave: New Regulations

The Massachusetts Attorney General recently released final regulations clarifying the Earned Sick Time law, a ballot initiative that passed in November 2014 guaranteeing employees paid sick leave. As discussed in our previous post on the new law, beginning July 1, 2015, employers with more than 11 employees must allow their employees to accrue 1 hour … Continue Reading

Oregon “Bans the Box” for Private Employers

Oregon is the latest state to “ban the box” for private employers.  Starting January 1, 2016, an employer may not require an applicant to disclose a criminal conviction on an employment application or at any time prior to an initial interview.  If the employer does not conduct an interview, then the employer may not require … Continue Reading

New Nevada Law Expands Employer Access to Conviction Records

While Nevada law does not limit how far back employers can directly ask applicants or employees about their conviction history, for years it has generally prohibited consumer reporting agencies (CRAs) from providing employers with conviction records that are more than 7 years old. Earlier this month, however, Nevada’s governor signed a law (S.B. 409) that removes … Continue Reading

Oregon Becomes the Fourth State with a Paid Sick Leave Law

Oregon recently passed a new law that will require most employers with 10 or more employees to provide paid sick time. Oregon is the fourth state to adopt a paid sick leave law, following Connecticut, California, and Massachusetts.   Some Key Provisions of the Passed Bill: Effective January 1, 2016, employers with 10 or more … Continue Reading

Colorado Supreme Court Okays Discharge of Medical Marijuana-Using Employee

Colorado, like some other states including New York, has a law that generally prohibits an employer from discharging an employee for engaging in lawful activities outside of work.  Earlier this week, in Coats v. Dish Network, No. 13SC394, the Colorado Supreme Court affirmed a lower court ruling that the state’s “lawful activities” statute does not … Continue Reading

NYC “Ban the Box” Bill Heads to Mayor’s Desk

On Wednesday, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering  an applicant’s or employee’s criminal history in employment decisions.  Mayor DeBlasio is expected to sign the bill into … Continue Reading

Oregon Amends Social Media Law

Man using smartphoneAbout two years ago, Oregon enacted a law restricting employers from accessing the personal social media accounts of their applicants and employees.  For more on the law, see our prior client alert. Last week, Oregon’s governor signed a bill to broaden the protections of the state’s social media law.  The amendment takes effect January 1, … Continue Reading

Cook County, Illinois Amends Human Rights Ordinance To Limit Credit Checks

Cook County, Illinois enacted a bill (No. 15-3088) that amends the Cook County Human Rights Ordinance to restrict employers from asking about or otherwise considering a prospective or current employee’s credit history in employment decisions.  The new ordinance took effect yesterday.  It is nearly identical to laws in Illinois and Chicago that were enacted a … Continue Reading

New Connecticut Online Privacy Law Protects Prospective & Current Employees

Man using smartphoneEarlier this week, Connecticut Governor Dannel P. Malloy signed a law to protect prospective and current employees from employer interference with their “personal online accounts.” The new law, which will take effect on October 1, 2015, defines personal online accounts to include any online account used by a prospective or current employee exclusively for personal … Continue Reading

“Ban the Box” Trend Continues Across the Country

The “ban the box” movement—which seeks to remove questions about criminal history from an employer’s initial employment application—continues to cut across geographic and political divides. In March and April, we blogged about the governors of two Southern states—Republican Governor Nathan Deal of Georgia and Democratic Governor Terrence McAuliffe of Virginia—ordering the removal of the “box” … Continue Reading

Philadelphia Issues Sick Leave Notice

The City of Philadelphia Managing Director’s Office (“the Agency”) recently issued its official notice of employee rights under the Philadelphia sick leave ordinance. Philadelphia’s sick leave ordinance, which takes effect on May 13, 2015, requires employers to provide employees with notice of their right to sick leave by either distributing the notice to each employee … Continue Reading

New Montana Law Protects Employee Social Media Accounts

Man using smartphoneYesterday, 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

Maryland Passes Bill Protecting Interns From Employment Discrimination

On April 14, 2015, an act protecting interns in Maryland from employment discrimination officially became law. As of October 1, 2015, employers are prohibited from discriminating against interns with respect to the terms, conditions or privileges of their internships (including offering and terminating internships), on the basis of the individual’s race, color, religion, sex, age, … Continue Reading
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