Allan Weitzman

Allan Weitzman

Proskauer Rose LLP

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U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with...

Retail stores, restaurants, event venues, and other places of public accommodation seeking guidance on accessible design requirements under the Americans with Disabilities Act (“ADA”) should be aware of the latest installment...more

8/20/2015 - Accessibility Rules ADA Best Practices Design Professionals Disabilities New Guidance Public Accommodation

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to...more

7/30/2015 - ADA ADAAA Disability Discrimination EEOC Legal History Young Lawyers

DOJ Releases Supplemental Guidance on Service Animals Under the Americans with Disabilities Act

With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions...more

7/14/2015 - ADA DOJ New Guidance Public Accommodation Service Animals

Proposed Web Accessibility Regulations for Public Accommodations Delayed Yet Again

The U.S. Department of Justice (DOJ) has once again pushed back the anticipated issue date for proposed regulations governing accessibility of online content for places of public accommodation governed by Title III of the...more

6/8/2015 - ADA DOJ Proposed Regulation Public Accommodation Website Accessibility Websites

No “Pleasure” for Florida Whistleblower

Despite 14 pages of vigorous dissent, a majority of a three-judge panel of the Eleventh Circuit has done the right thing and joined the Fourth, Sixth and Ninth Circuits in holding that the National Bank Act (“NBA”) preempts...more

5/7/2015 - Corporate Officers National Bank Act Preemption Whistleblower Protection Policies Wrongful Termination

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her]...more

12/10/2014 - Appeals FMLA Poor Job Performance Pregnancy Pregnancy Discrimination Retaliation Summary Judgment Termination

Miami-Dade County Expands its Human Rights Law to Ban Discrimination on the Basis of Gender Identity and Gender Expression

On December 2, 2014, Miami-Dade County Commission amended the County’s Human Rights Ordinance (Chapter 11A of the Code of Ordinances of Miami Dade County, Florida) to prohibit discrimination based on gender identity and...more

12/4/2014 - Discrimination Employer Liability Issues Gender Discrimination Gender Identity Human Rights Local Ordinance

Pregnancy Is a Protected Characteristic Under the Florida Civil Rights Act

In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy....more

10/16/2014 - Appeals Discrimination Employer Liability Issues FCRA Pregnancy Discrimination

New Massachusetts Law Entitles Employees to Domestic Violence Leave

On August 8, 2014, Massachusetts Governor Deval Patrick signed into law a far-reaching Act designed to combat the problems of domestic violence. Notably, the Act became effective immediately upon the Governor signing it into...more

9/9/2014 - Crime Victims Domestic Violence Employee Rights Paid Leave Unpaid Leave

D.C. Mayor Signs "Ban the Box" Law

Mayor Vincent Gray has signed the Fair Criminal Record Screening Act of 2014 to prevent most employers in the District of Columbia from asking prospective employees about their criminal history on the initial job application....more

9/4/2014 - Ban the Box Criminal Background Checks Job Applicants

Special Report: Social Media Roundup

Social Media Roundup - Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective and/or current employees with increased social media protections, following Tennessee, Wisconsin,...more

8/14/2014 - Employee Rights Passwords Social Media Social Media Account Ownership Social Media Policy

Latest Criminal Background Check Developments Affect San Francisco, Illinois, and Alabama Employers

Starting on August 13, 2014, employers and contractors in San Francisco may no longer ask applicants about their criminal history until after the first live interview or following a conditional offer of employment. Even when...more

8/11/2014 - Background Checks Ban the Box Contractors Criminal Background Checks Subcontractors

New Illinois "Ban the Box" Law Covers Private Employers

Governor Quinn has signed the Job Opportunities for Qualified Applicants Act (the "Act"), which takes effect January 1, 2015 and prevents private employers from asking an applicant about his or her criminal history on the...more

7/22/2014

Eleventh Circuit Sustains Award To Employer In Whistleblower Case

In a warning to plaintiffs’ counsel who seek emotional distress damages for alleged whistleblower retaliation under Florida law, the Eleventh Circuit in Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. May 6,...more

7/11/2014 - Attorney's Fees Emotional Distress Damages Employer Liability Issues Retaliation Sarbanes-Oxley Whistleblowers

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered "Disabled" Under State Human Rights Law

On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not...more

7/2/2014 - ADA Disability Employer Liability Issues Human Rights Marijuana Medical Marijuana Pending Legislation

Tennessee Enacts Trio of Employment Laws

Tennessee's governor recently signed three new employment laws. The first, a social media law, takes effect on January 1, 2015, and provides applicants and employees with social media protections similar to those in fifteen...more

6/23/2014 - Discrimination Employer Liability Issues Employment Policies Hiring & Firing New Regulations Social Networks

M.D. Florida: Employee Must Report To SEC To Be A Protected Dodd-Frank Whistleblower

Two weeks ago, the U.S. District Court for the Middle District of Florida dismissed with prejudice a former employee’s Dodd-Frank whistleblower claim on the ground that the employee was not a “whistleblower” within the...more

5/29/2014 - Dodd-Frank Reporting Requirements SEC Whistleblowers

New "Ban the Box" Developments in Baltimore, Rochester, and Minnesota

Criminal background checks and a desire to increase employment opportunities for the formerly incarcerated continue to be a hot topic in state and local legislatures. This month the cities of Baltimore, Maryland and...more

5/28/2014 - Ban the Box Criminal Background Checks Employer Mandates Employment Policies Hiring & Firing

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia's governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a "Program and Treatment...more

4/17/2014 - Criminal Records Department of Corrections Employee Retention Hiring & Firing Negligent Hiring

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

In Equal Employment Opportunity Commission ("EEOC") v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. Apr. 9, 2014), the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the...more

4/16/2014 - Civil Rights Act Credit Checks EEOC Summary Judgment Title VII

Wisconsin Latest State to Provide Social Media Protections to Applicants and Employees

On April 8, 2014, Governor Scott Walker signed Wisconsin Act 208 to prohibit employers from requiring or requesting that prospective and current employees disclose usernames and passwords for their personal Internet accounts....more

4/15/2014 - Employee Rights Employer Liability Issues Hiring & Firing Internet Privacy Passwords User Names

Philadelphia Issues New Pregnancy & Employment Rights Notice

Philadelphia recently amended its fair employment practices ordinance to expand protection for employees against discrimination based on pregnancy, childbirth, or a related medical condition. Among other things, employers...more

3/31/2014 - Employee Rights Pregnancy Pregnancy Discrimination

Mayor de Blasio Signs New York City Sick Leave Law - Notice of Rights Available

New York City Mayor Bill de Blasio signed the amended version of the Earned Sick Time Act ("ESTA") on Thursday, March 20, 2014. The Earned Sick Time Act takes effect on April 1, 2014. To learn more about the New York City...more

3/24/2014 - Employee Rights Paid Leave Sick Leave

Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative

On Thursday, March 13, 2014, President Obama gave a short press conference and signed a Presidential Memorandum aimed at "updating and modernizing" overtime eligibility rules for white-collar workers. The Memorandum directs...more

3/19/2014 - Classification Compensation Agreements DOL Executive Compensation FLSA Over-Time White-Collar Exemptions

Background Check Guidance from the FTC and EEOC

On March 10, 2014, the Federal Trade Commission ("FTC") and the Equal Employment Opportunity Commission ("EEOC") jointly issued two short guides on the use of background checks in hiring and personnel decisions. Generally...more

3/13/2014 - Background Checks EEOC FCRA FTC Human Resources Professionals

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