Daniel Saperstein

Daniel Saperstein

Proskauer Rose LLP

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Georgia Enacts “Mini”-FCRA

For more than four decades, the federal Fair Credit Reporting Act (“FCRA”) has regulated consumer reporting agencies (“CRAs”) that furnish consumer reports (i.e., background checks) to third parties such as employers. Over...more

7/6/2015 - Background Checks CRA Criminal Background Checks Employee Rights Employer Liability Issues FCRA Hiring & Firing New Legislation

NYC Mayor Signs “Ban the Box” Law

On June 29th, Mayor Bill DeBlasio signed a bill (Int. No. 318) that amends the New York City Human Rights Law (“NYCHRL”) to further restrict employers (with four or more employees) from inquiring into or otherwise considering...more

6/30/2015 - Ban the Box Conditional Job Offers Criminal Background Checks Hiring & Firing New Legislation NYCHRL

Oregon “Bans the Box” for Private Employers

Oregon is the latest state to “ban the box” for private employers. Starting January 1, 2016, an employer may not require an applicant to disclose a criminal conviction on an employment application or at any time prior to an...more

6/29/2015 - Ban the Box Criminal Background Checks Hiring & Firing Job Applicants New Legislation

New Nevada Law Expands Employer Access to Conviction Records

While Nevada law does not limit how far back employers can directly ask applicants or employees about their conviction history, for years it has generally prohibited consumer reporting agencies (CRAs) from providing employers...more

6/26/2015 - Arrest and Conviction Records Background Checks Consumer Reporting Agencies Criminal Background Checks Employee Rights Employment Discrimination Hiring & Firing Job Applicants New Legislation

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to...more

6/25/2015 - Confidential Documents Confidential Information Criminal Prosecution Discovery Discrimination Employee Rights Employment Discrimination Indictments NJ Supreme Court Theft

Colorado Supreme Court Okays Discharge of Medical Marijuana-Using Employee

Colorado, like some other states including New York, has a law that generally prohibits an employer from discharging an employee for engaging in lawful activities outside of work. Earlier this week, in Coats v. Dish Network,...more

6/23/2015 - CO Supreme Court Controlled Substances Act Disabled Drug Testing Hiring & Firing Lawful Activities Act Medical Marijuana Non-Work Hours Wrongful Termination

NYC “Ban the Box” Bill Heads to Mayor’s Desk

On June 10th, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering an...more

6/15/2015 - Background Checks Ban the Box City Councils Conditional Job Offers Criminal Background Checks Employment Application Employment Discrimination Hiring & Firing Job Ads Job Applicants Job Offers New Legislation NYCHRL NYSHRL

Oregon Amends Social Media Law

About two years ago, Oregon enacted a law restricting employers from accessing the personal social media accounts of their applicants and employees.  For more on the law, see our prior client alert. Last week, Oregon’s...more

6/11/2015 - Amended Legislation Corporate Counsel Employee Privacy Rights Internet Privacy Popular Social Media Policy

Cook County, Illinois Amends Human Rights Ordinance To Limit Credit Checks

Cook County, Illinois enacted a bill (No. 15-3088) that amends the Cook County Human Rights Ordinance to restrict employers from asking about or otherwise considering a prospective or current employee’s credit history in...more

5/31/2015 - Background Checks Credit History Exemptions Hiring & Firing Human Rights Local Ordinance Popular

New Connecticut Online Privacy Law Protects Prospective & Current Employees

Last week, Connecticut Governor Dannel P. Malloy signed a law to protect prospective and current employees from employer interference with their “personal online accounts.” The new law, which will take effect on October 1,...more

5/27/2015 - Employee Privacy Rights Internet Privacy New Legislation Passwords Popular Social Media Social Media Policy

“Ban the Box” Trend Continues Across the Country

The “ban the box” movement—which seeks to remove questions about criminal history from an employer’s initial employment application—continues to cut across geographic and political divides. In March and April, we blogged...more

5/22/2015 - Ban the Box Discrimination Hiring & Firing Job Applicants

California Court Dismisses FCRA Class Action Against LinkedIn

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for...more

5/15/2015 - Background Checks Class Action Consumer Reporting Agencies Employee References FCRA Hiring & Firing LinkedIn

NYC Mayor Signs Law Banning Credit Checks

Yesterday, NYC Mayor Bill DeBlasio signed a bill (Int. 0261-2014) that amends the City’s Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s credit history when...more

5/9/2015 - Background Checks Credit History Human Rights

New Montana Law Protects Employee Social Media Accounts

On April 23, 2015, Montana became the twentieth state to enact a law protecting employees from employer interference with personal social media accounts. The law, which takes effect immediately, prohibits employers from...more

4/28/2015 - Employee Privacy Rights Social Media Social Media Policy

NJ Businesses and Lawmakers Continue Debate over Municipal Sick Leave Laws

Controversy continues to stir over the growing number of municipal sick leave laws in the State of New Jersey. To date, nine such localities—Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic,...more

4/24/2015 - Municipal Act Paid Leave Political Debates Sick Leave

Credit Checks To Be Banned in NYC

On April 16, 2015, by a 47-3 vote, the New York City Council passed a bill (Int. 0261-2014) to amend the NYC Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s...more

4/20/2015 - Background Checks Credit Checks Hiring & Firing Pending Legislation

Petition Urges DOL To Target Contractual Clauses Discouraging Whistleblowing

The Government Accountability Project (GAP) and Zuckerman Law recently petitioned the U.S. Department of Labor (“DOL”) to issue rules and guidance prohibiting “de facto” gag clauses in settlement and severance agreements that...more

4/13/2015 - DOL FINRA Protected Activity SEC Settlement Agreements Severance Agreements Whistleblower Protection Policies Whistleblowers

Virginia Governor’s Order “Encourages” Private Employers to “Ban the Box”

Last week, Virginia Governor Terrence McAuliffe signed an executive order “banning the box” on most state employment applications and “encouraging” private employers and government contractors to do the same. “Ban the box”...more

4/7/2015 - Ban the Box Criminal Background Checks EEOC Hiring & Firing

President Obama Urged to “Ban the Box” for Federal Contractors

In a letter this past week, nearly 200 interest groups urged President Obama to issue an executive order “banning the box” for federal contractors and to implement other “fair chance” hiring reforms protecting ex-offenders....more

4/1/2015 - Ban the Box Barack Obama Contractors Criminal Background Checks Federal Contractors Hiring & Firing Legislative Agendas OFCCP

Virginia’s Social Media Law Continues Growing Trend

Virginia is now the nineteenth state to provide increased social media protections to prospective and current employees, joining Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, Nevada, New Hampshire,...more

3/30/2015 - Employee Privacy Rights Social Media Policy

Hawaii Supreme Court Says Employer Failed to Establish “Rational Relationship” Between Applicant’s Drug Conviction and Position...

Hawaii, like some other states, only permits employers to consider convictions that bear a “rational relationship to the duties and responsibilities of the position.” Recently, the Hawaii Supreme Court had occasion to decide...more

3/25/2015 - Criminal Background Checks Drug Distribution EEOC Healthcare Professionals Hiring & Firing

Third Circuit Says Trucker Entitled to Overtime

Professional motor carriers generally are exempt from overtime payment under the Fair Labor Standards Act (“FLSA”). ...more

3/17/2015 - FLSA Motor Carriers Over-Time Trucking Industry Wage and Hour

Sick Leave Trend Continues in New Jersey, Constitutional Challenge Begins

This week Bloomfield became the ninth locality in the State of New Jersey to require employers to provide sick leave to their employees, joining Jersey City, Newark, Passaic, East Orange, Paterson, Irvington, Trenton, and...more

3/9/2015 - Employee Rights Local Ordinance Paid Leave Sick Leave

NJ “Ban the Box” Law Takes Effect, “Draft Rule” Proposed

New Jersey’s so-called “ban the box” law took effect on March 1, preventing most employers in the State from asking about a prospective employee’s criminal history on the initial job application and until after the first...more

3/5/2015 - Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants

Georgia “Ban the Box” Policy Crosses Geographic, Political Divides

Republican Governor Nathan Deal signed an executive order this past week adopting a “ban the box” policy for “government entities of the State of Georgia,” making Georgia the first Southern state and only the second “red...more

3/3/2015 - Ban the Box Hiring & Firing Job Applicants Nathan Deal Public Employers

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