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Allan Weitzman

Allan Weitzman

Proskauer Rose LLP


Latest Publications

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DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more

5/14/2013 - Free Speech NLRA NLRB Notice Requirements Posting Requirements Quorum Statute of Limitations

EEOC's First GINA Suit Serves As Reminder of Pre-Employment Exam Pitfall

On May 7, 2013, the U.S. Equal Employment Opportunity Commission ("EEOC") reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information...more

5/14/2013

New York City Council Passes the Earned Sick Time Act

On Wednesday, May 8, the New York City Council passed the New York City Earned Sick Time Act (the "Act"), which requires most New York City employers to provide mandatory paid and unpaid sick leave to employees working in New...more

5/9/2013 - City Councils Local Ordinance Medical Leave Municipalities Paid Leave

New Mexico Enacts Fair Pay for Women Act

Earlier this spring, New Mexico Governor Susana Martinez signed into law the Fair Pay for Women Act ("FPWA" or the "Act"), prohibiting employers from engaging in gender–based wage discrimination. Inspired by the passage of...more

5/6/2013 - Discrimination Fair Pay Act Gender Discrimination Human Rights Wage and Hour Wages

New York's Minimum Wage To Rise to $9 Per Hour over the Next Three Years

Late last month, Governor Andrew Cuomo signed into law new legislation that, among other things, will raise New York's minimum wage to $9 per hour over the next three years. The minimum wage – both in NY and under federal...more

4/30/2013 - Andrew Cuomo Minimum Wage

New York City Council and Bloomberg Administration Clash over Proposal to Prohibit Employment Discrimination Based on Credit...

On May 15, 2012, the New York City Council proposed Int. #0857-2012 (the Proposal), which would amend the New York City Human Rights Law (NYCHRL) to prohibit discrimination against job applicants and employees based on their...more

4/16/2013 - Credit Reports Enforcement Job Applicants NYCHRL Proposed Legislation Whistleblower Protection Policies Whistleblowers

The FMLA – What's New as of its 20th Birthday

The 1993 Family and Medical Leave Act ("FMLA" or the "Act") turned 20 in 2013. To mark its 20th birthday, the U.S. Department of Labor released the 2012 FMLA Survey Report and issued a final rule implementing important...more

2/13/2013 - AFCTCA Airline Employees Flight Crews FMLA Military Caregiver Leave Military Leave NDAA Paid Family Leave Insurance Program USERRA Veterans

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

2/12/2013 - Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing OFCCP Title VII Training UGESP

Court’s Ruling That NLRB Appointments Were Invalid Introduces Uncertainty Going Forward

The United States Court of Appeals for the District of Columbia Circuit has issued a decision invalidating the President's January 4, 2012 recess appointments to the National Labor Relations Board ("NLRB" or "Board")....more

1/29/2013 - Barack Obama Canning v NLRB NLRB Political Appointments Pro Forma Sessions Recess Appointments

OFCCP Announces 2013 Agenda

On December 21, 2012, the Office of Federal Contracts Compliance Programs ("OFCCP") published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions ("Unified Agenda"), as required by Executive...more

1/24/2013 - Affirmative Action Data Collection Disability Gender Pay Equity Hiring & Firing Notice Requirements OFCCP Recruitment Policies Sex Discrimination Veterans

FTC Expands FCRA Coverage to Mobile Industry – Employers Beware

The Federal Trade Commission ("FTC") recently extended the reach of the Fair Credit Reporting Act ("FCRA") to the mobile industry by means of a consent order, settling its complaint that alleged Respondents Filiquarian...more

1/23/2013 - Background Checks Choice Level LLC Criminal Background Checks FCRA Filiquarian Publishing FTC Hiring & Firing Mobile Apps

Eleventh Circuit Rules on FLSA “Nursing Mothers” Provision

On December 26, 2012, the Court of Appeals for the Eleventh Circuit issued the first decision by a federal Court of Appeals concerning the provisions of the Fair Labor Standards Act ("FLSA") that require employers to provide...more

1/16/2013 - Affordable Care Act Breastfeeding FLSA Reasonable Accommodation

New Year’s Watch: CFPB’s Model FCRA Forms Take Effect

The Consumer Financial Protection Bureau (CFPB), which has taken over the responsibility of interpreting and enforcing the Fair Credit Report Act (FCRA) from the Federal Trade Commission (FTC), recently issued revised model...more

1/4/2013 - CFPB FCRA FTC Summary of Consumer Rights

NLRB Decision Sets New Rule on Confidentiality of Witness Statements

The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more

1/3/2013 - Arbitration Confidential Documents Discovery Internal Investigations NLRB Witness Statements

New Year's Watch: State Laws Take Effect to Prohibit Employers from Mandating that Job Applicants and Employees Divulge Social...

With the start of the New Year, the laws of four states (Maryland, Illinois, California, and Michigan) prohibit employers from requiring job applicants or employees to grant access to their personal password-protected social...more

1/3/2013 - Passwords Social Media

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