Amy Traub

Amy Traub

BakerHostetler

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Rochester, NY Approves Ban-the-Box Legislation

Rochester, New York joins many other cities and states in “banning the box,” prohibiting most employers (with limited exceptions) from inquiring about an applicant’s criminal history, including on an application, before the...more

6/3/2014 - Ban the Box Criminal Background Checks Criminal Records Job Applicants

The EEOC Amplifies its Focus on Religious Discrimination

The U.S. Equal Employment Opportunity Commission (“EEOC”) received 3,721 charges alleging religious discrimination in fiscal year 2013. In partial response to these charges, earlier this month, the EEOC issued new technical...more

3/26/2014 - Civil Rights Act EEOC Religious Discrimination Title VII

Too “Obnoxious” to Enforce: New York Court Refuses to Apply Florida Law in Considering Restrictive Covenants

Florida MapRecently, a New York appellate court concluded that an employer could not rely upon a Florida choice-of-law provision in an employment agreement to enforce restrictive covenants against a former employee, even...more

3/20/2014 - Choice-of-Law Parent Corporation Restrictive Covenants

Internship Programs: Rite of Passage, or Right to Pay? The Issue Deserves Continued Monitoring by Employers

With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May. Such programs, though, have become a source of...more

1/23/2014 - Classification Employee Rights Employer Liability Issues Internships Unpaid Interns Wage and Hour Wages

Military and Veteran Status Added as a Protected Category under the California Fair Employment and Housing Act (FEHA)

Assembly Bill 556 amends the FEHA to add "military and veteran status" to the list of categories protected from employment discrimination. "Military and veteran status" is defined by the Act as "a member or veteran of the...more

12/18/2013 - FEHA Military Service Members Protected Class Veterans

Walking in a Winter Litigation Wonderland: Top Employment Mistakes to Avoid at Your Company Holiday Party

As 2013 draws to a close, attentions turn to the festivities and merriment of the holiday season, and many employers gear up for office holiday parties. A holiday party is a great way to reward employees for a long year’s...more

12/12/2013 - Discrimination Drunk Driving FLSA Holiday Parties Human Resources Professionals Religious Discrimination Sexual Harassment Vicarious Liability Wine & Alcohol

Employers Under Continued Fire from Government Agencies and Legislature for Workplace Misclassification

New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.” New York...more

12/6/2013 - Compliance DOL Independent Contractors Misclassification

Times, They Are A-Changing: Employers No Longer Permitted to Delay or Fail to Return NY Unemployment Insurance Requests –...

Last month, the New York State Department of Labor (DOL) rather quietly effected legislation that had previously been signed by Governor Andrew Cuomo on March 29, 2013, reforming New York unemployment insurance law effective...more

11/19/2013

Texas Files Suit to Strike Down EEOC Background Check Guidance

The Equal Employment Opportunity Commission (“EEOC”) usually forces employers who are subject to Title VII to play defense. The State of Texas, however, has upended that approach. On November 4, 2013, Texas filed a federal...more

11/12/2013 - Background Checks Criminal Background Checks Disparate Impact EEOC Title VII

Certain Deductions Allowed Under New York Labor Law, But Employers Beware

The New York State Department of Labor (“NYSDOL”) issued final regulations last week governing how employers may make certain types of deductions from employee wages authorized under the New York Labor Law. For years, there...more

10/24/2013 - DOL Employer Liability Issues Overpayment Wage Deductions Wages

FLSA Care for the Caregivers: New DOL Rule Broadens Minimum Wage and Overtime Protections for Direct Care Workers

A final rule issued by the Department of Labor (“DOL”) is to erode significantly a longstanding exemption under the Fair Labor Standards Act (“FLSA”). For nearly 40 years, under the companionship services exemption, home care...more

10/7/2013 - Caregivers DOL Employee Rights FLSA Long-Term Care Minimum Wage

Serving Up Trouble: IRS Ruling on Automatic Tips

Restaurants and other employers in the hospitality industry are reminded that, as of January 2014, the Internal Revenue Service (IRS) will expect businesses to comply fully with its Revenue Ruling 2012-18. Among other things,...more

9/19/2013 - IRS Restaurant Industry Service Charges Tips Wages Withholding Tax

Don’t Forget About the Fair Credit Reporting Act: Background Check Class Action Suit Filed Against Trucking Company

As we have noted in a number of prior posts background checks can be a helpful tool for management, especially during the hiring process, but they can also be a ripe source for potential liability on a number of fronts....more

8/28/2013 - Class Action Criminal Background Checks Employer Liability Issues FCRA Hiring & Firing Trucking Industry

ALERT! The DOL Takes Its First Step Toward Extending Rights for Same-Sex Spouses

Critical employment policies and benefits can depend on whether an employee has a “spouse,” but just who is legally considered a “spouse” has evolved significantly....more

8/22/2013 - DOL DOMA Employee Benefits Marriage Same-Sex Marriage SCOTUS US v Windsor

New York City Council Enacts and Passes Earned Sick Time Act

On May 8, 2013, the New York City Council, with a margin of 45 to 3, passed the Earned Sick Time Act (the “ESTA”), which obligates most private employers in the City to provide paid sick time to their employees....more

7/2/2013 - Local Ordinance Medical Leave Municipalities New Legislation Paid Leave

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