Law and the Workplace

Tag Archives: hiring

New Jersey Becomes the Latest Jurisdiction to Enact Ban on Salary History Inquiries

The push to eliminate inquiries into job applicants’ salary history continues, as New Jersey has enacted a statewide law that will restrict employers from obtaining and utilizing applicants’ salary history information during the hiring process. The new law, which will take effect on January 1, 2020, will make it an unlawful employment practice for any … Continue Reading

Kansas City, Missouri Passes Ban on Salary History Inquiries

Kansas City, Missouri is the latest jurisdiction (and the second Midwestern city in recent weeks) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which takes effect on October 31, 2019, will apply to employers in Kansas City with six or more employees, and will prohibit such … Continue Reading

Washington State Legislature Passes Ban on Salary History Inquiries

Washington is poised to become the ninth state to pass a law that would prohibit employers from asking job applicants about their salary history. The state legislature recently passed HB 1696, which would, among other things, prohibit employers from inquiring into the prior “wage or salary history” of an applicant for employment. The bill has … Continue Reading

Hawaii Enacts Salary History Inquiry Law

Hawaii Governor David Ige has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. In addition, the law prohibits employers from retaliating or discriminating against employees for, or restricting employees from, disclosing their own wages or discussing and inquiring about the wages of other employees. … Continue Reading

[Podcast]: Recent Developments in California Law

In this episode of The Proskauer Brief, partner Tony Oncidi and senior counsel Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors or employees and what’s new on the #MeToo front. Listen to the podcast.  … Continue Reading

Vermont Enacts Salary History Inquiry Law

Paying WagesVermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees. The law will take effect on July 1, 2018. Under the law, employers and their agents will be prohibited from: inquiring about or seeking information regarding a prospective employee’s … Continue Reading

[Podcast]: Laws Governing Background Checks for Employers

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

District Court Dismisses Putative FCRA Class Action For Lack Of Standing

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

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

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

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

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

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

New Rules Implementing the NYC Freelance Isn’t Free Act To Become Effective on July 24, 2017

As we previously reported, in November 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, establishing protections for freelance workers, including the right to receive a written contract for work valued at $800 or more, the right to be paid timely and in full, and the right to be free from … Continue Reading

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

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

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

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

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

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

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

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

Philadelphia, PA Bans Use of Credit Information in Employment Decisions

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

Backlash against EEOC Enforcement Initiative on Background Checks Continues

In recent years, the Equal Employment Opportunity Commission (EEOC) has taken a more aggressive position against the use of criminal history in hiring and personnel decisions.  In 2012, the EEOC issued guidance warning that criminal background checks may have a disparate impact on racial and ethnic minorities in violation of Title VII of the Civil … Continue Reading

Connecticut Expands Restrictions on Employer Use of Criminal Records

A new Connecticut law taking effect October 1 amends the state’s existing statute regulating employer use of criminal records in hiring and personnel decisions. The amendment specifically prohibits employers from denying employment to a prospective employee solely because the employee had a prior conviction for which he received a “certificate of rehabilitation.”  Along these lines, … Continue Reading

CA, NJ Governors Veto “Unemployment Discrimination” Legislation, Slow National Momentum

This past month, California Governor Jerry Brown and New Jersey Governor Chris Christie vetoed bills that would have greatly limited employers from considering an applicant’s unemployment status in hiring decisions.  This is the second time that both governors have vetoed legislation addressing “unemployment discrimination” (Christie’s first veto was conditional).  A similar type of bill also … Continue Reading

NYC Council Seeks Final Rule Banning Credit Checks

On September 12, the New York City Council held a hearing on a bill (Int. 0261-2014) that would effectively prohibit employers from inquiring about or using an individual’s credit history in hiring and personnel decisions, unless required by law.  The initiative enjoys wide support among members of the Council, though Mayor Bill DeBlasio and some … Continue Reading

Minnesota Court Limits Extraterritorial Reach of State Drug Testing Law

One question that frequently arises for employers when running a background check is which state’s/city’s law applies.  In Olson v. Push, Inc., No. 14-1163 ADM/JJK, 2014 WL 4097040 (D. Minn. Aug. 19, 2014), the District of Minnesota recently held that the state’s drug testing statute did not cover an applicant who lived and submitted to … Continue Reading
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