Barbara Hoey

Barbara Hoey

Kelley Drye & Warren LLP

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Latest Posts › Hiring & Firing


New York City’s “Ban the Box” Law, the Fair Chance Act, in Effect

We summarized the key provisions of the law in a prior post. The new law now provides that employers cannot do background checks until the conditional offer has been extended. It also requires that a City employer provides a...more

10/28/2015 - Ban the Box Criminal Background Checks Employer Liability Issues Fair Chance Act Hiring & Firing Job Applicants NYCHRL

The Duty of Loyalty Lives on in New Jersey

In an interesting decision affirming the ‘old-but-not-forgotten’ principle that an employee owes his first duty of loyalty to her employer, the New Jersey Supreme Court recently affirmed a decision allowing an employer to...more

10/9/2015 - Attorney Malpractice Disgorgement Duty of Loyalty Fraud Hiring & Firing NJ Supreme Court

The City Commission Clarifies the “Fair Chance Act”

As previously reported, among the legislation passed this year under Mayor DeBlasio, New York City passed the “Fair Chance Act” (“FCA”), which severely restricts an employer’s ability to conduct criminal background checks on...more

10/5/2015 - Background Checks Conditional Job Offers Criminal Background Checks Employer Liability Issues Fair Chance Act Google Hiring & Firing Screening Procedures Search Engines

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

6/8/2015 - Abercrombie & Fitch Appearance Policy Corporate Counsel Disparate Impact Disparate Treatment Dress Codes EEOC v Abercrombie Hiring & Firing Job Applicants Popular Reasonable Accommodation Religious Discrimination SCOTUS Title VII Undue Hardship

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