Law and the Workplace

Tag Archives: retaliation

San Francisco Issues Guidance for Employers and Contractors on Fair Chance Ordinance

By Daniel Saperstein and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
San Francisco has posted FAQs explaining key provisions of the city’s so-called Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014.  The Ordinance “bans the box,” prohibiting most private employers and contractors in the city from asking job applicants about their criminal histories until after the first interview or following a conditional offer … Continue Reading

Montgomery County “Bans the Box”

By Daniel Saperstein and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Montgomery County, Maryland is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on the initial employment application. Montgomery’s new law takes effect on January 1, 2015 and applies to employers with 15 or more full-time employees in the County.  The law covers applicants seeking paid employment or vocational … Continue Reading

D.C. Prepares a Holiday “Gift” for Employers – the Wage Theft Prevention Amendment Act of 2014

By Connie Bertram, Guy Brenner and Joshua F. Alloy on Posted in Workplace Policies and Procedures
Washington, D.C. Mayor Vincent Gray quietly signed an amendment to the Wage Theft Prevention Act which will likely take effect in mid-December 2014 – just in time for the holidays.  The amended Act will significantly expand D.C. employers’ obligations to employees, including comprehensive new pay notice requirements for all existing employees and new hires going … Continue Reading

Four More New Jersey Cities Enact Sick Leave Laws

By Allison Martin, Daniel Saperstein, Joseph O’Keefe and Wanda Ellert on Posted in Leaves of Absences
Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted  ordinances requiring employers to provide paid sick leave to their employees. The Ordinances will take effect in January 2015, or, for employees who are covered by a collective bargaining agreement, upon expiration of the CBA.  Similar laws already have taken effect in Newark and Jersey … Continue Reading

EEOC Takes Aim at Employers with “Voluntary” Wellness Programs Tied to Health Benefit Costs

By Katharine Parker and Kelly Anne Targett on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On Tuesday, the EEOC commenced its second lawsuit in as many months targeting certain employer wellness programs for violating the Americans with Disabilities Act (ADA).  In both of the pending cases, employers are alleged to have maintained wellness programs that required employees to submit to medical examinations (including blood work) and to disclose medical history … Continue Reading

U.S. Supreme Court Extends SOX’s Whistleblower Protection To Employees of Publicly Traded Company’s Contractors

By Connie Bertram and Lloyd B. Chinn on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
The U.S. Supreme Court held that Sarbanes-Oxley Act’s whistleblower protection extends to employees of a publicly traded company’s contractors and subcontractors in its March 14, 2014 decision in the case of Lawson v. FMR LLC. This alert provides background and analysis of this first case decided by the Supreme Court under Section 806 of SOX. … Continue Reading

San Francisco “Bans the Box” for Private Employers and City Contractors

By Tony Oncidi, Daniel Saperstein, Enzo Der Boghossian, Jenna Hayes, Kenneth Sulzer, Kelly Anne Targett and Mark Theodore on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
San Francisco recently became the ninth jurisdiction to enact a “ban the box” ordinance prohibiting private employers and city contractors and subcontractors from asking job applicants about their criminal histories until after the first interview. The new ordinance further restricts the types of criminal offenses about which employers and contractors may inquire or otherwise may … Continue Reading

No Longer a “Motivating Factor”: E.D.N.Y. Rules New “But-For” Causation Standard for Retaliation Retroactive

By Keisha-Ann Gray on Posted in Litigation and Arbitration, Workplace Policies and Procedures
Employers who have recently suffered defeats on Title VII retaliation claims now have reason to ask for reconsideration under applicable rules.  The Eastern District of New York, in Sass v. MTA Bus Co.,   ruled that existing cases should no longer be subject to a “motivating factor” analysis, but rather, are retroactively subject to the “but-for” … Continue Reading

Philadelphia Latest to Protect Pregnancy, Require Reasonable Accommodation

By Daniel Saperstein, Katharine Parker, Kelly Anne Targett and Nicholas M. Tamburri on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Philadelphia recently amended the city’s fair practices ordinance to expand the protections against discrimination for employees based on pregnancy, childbirth, or a related medical condition. This alert examines the amendment, which took effect on January 20, 2014. Read the full text of this alert.… Continue Reading

NYC Issues Foreign Language Versions of New Pregnancy & Employment Rights Notice

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
Proskauer recently issued a client alert on the release of the new pregnancy and employment rights notice in English. Now available on the New York City Commission on Human Rights Web site are foreign language versions of the new notice in Chinese, Haitian Creole, Italian, Korean, Russian, and Spanish. For information on the time and … Continue Reading

The Florida Civil Rights Act Amendment

By Allan Weitzman and Jurate Schwartz on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Litigation and Arbitration, Workplace Policies and Procedures
The Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment based on many protected categories but pregnancy is not expressly listed as one of them.  There has been a split in the Florida District Courts of Appeal as to whether pregnancy is covered under the FCRA.  To resolve the split, the Florida Supreme Court heard … Continue Reading

New York City Issues New Pregnancy & Employment Rights Notice in English, Foreign Language Versions to Follow

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
Earlier this month, Proskauer issued a client alert on the latest amendment to the New York City Human Rights Law, which expands the protections against discrimination for pregnant employees. For more on the new law, see our prior client alert New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations. One of … Continue Reading

Jersey City Mayor Signs Sick Leave Law, Continues National Trend

By Daniel Saperstein and Joseph O’Keefe on Posted in Leaves of Absences, Workplace Policies and Procedures
On September 26, 2013, the Mayor of Jersey City, New Jersey signed into law an Ordinance requiring employers to provide sick leave to their employees effective January 24, 2014. Similar laws have been enacted in the State of Connecticut and other localities such as New York City; Washington, D.C.; Seattle; San Francisco; and Portland, Oregon. … Continue Reading

New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences
On October 2, 2013, New York City Mayor Michael Bloomberg signed Int. No. 974-2012A to amend the New York City Human Rights Law (NYCHRL) by expanding protections against discrimination for pregnant employees. Read this alert to learn more about the amendment, which takes effect on January 30, 2014. Read the full text of this alert.… Continue Reading

New Jersey Issues SAFE Act Poster

By Daniel Saperstein and Joseph O’Keefe on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
On October 1, 2013, the New Jersey Security and Financial Empowerment Act (SAFE Act) will take effect, requiring employers to provide unpaid leave to employees affected by domestic or sexual violence. For more on the requirements of the new law, see our past client alert New Jersey’s New Law Requires Unpaid Leave for Victims of … Continue Reading

New Jersey’s “More Properly Balanced” Social Media Law Signed by Governor Christie

By Daniel Saperstein, Joseph O’Keefe and Kelly Anne Targett on Posted in Hiring/Background Checks, Workplace Policies and Procedures
On August 19, 2013,New Jersey’s state legislature passed A2878, to prohibit employers from requiring or requesting that prospective and current employees disclose their user names and passwords to their personal social media accounts. The bill incorporated changes proposed by Governor Chris Christie, who had vetoed an earlier version of the bill, and was signed into … Continue Reading

Illinois Amends Social Media Law Enacted Just Last Year

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
On August 16, 2013, Illinois amended its social media law that had restricted employer access to an applicant’s or employee’s social media account. The amendments clarify that the law’s proscriptions only apply to personal social media accounts, and add an express exception to permit employers to monitor professional accounts. Read this alert for more on the … Continue Reading

New Jersey’s New Law Requires Unpaid Leave for Victims of Domestic or Sexual Violence

By Daniel Saperstein, Joseph O’Keefe and Kelly Anne Targett on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
On July 17, 2013, New Jersey Governor Chris Christie signed S-2177 – the New Jersey Security and Financial Empowerment Act (NJ SAFE Act) – to require that employers provide unpaid leave to employees affected by domestic or sexual violence. New Jersey joins several states with similar laws, while other states and the U.S. Congress have … Continue Reading
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