Daniel Saperstein

Daniel Saperstein

Proskauer Rose LLP

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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

SEC Continues to Investigate Contractual Impediments to Whistleblower Complaints

As Rachel Louise Ensign reported earlier this week in the Wall Street Journal (subscription required), the Securities Exchange Commission (“SEC”) continues to probe obstacles to corporate employees blowing the whistle. This...more

3/2/2015 - Audits Confidentiality Agreements Dodd-Frank Non-Compete Agreements SEC Settlement Agreements Strategic Enforcement Plan Whistleblowers

Third Circuit Nixes EEOC Retaliation Suit

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Allstate Insurance Co., No. 2-01-cv-07402 (3d Cir. Feb. 13, 2015), the Third Circuit affirmed that the defendant did not violate federal anti-retaliation laws...more

2/27/2015

Tampa Council Says No to “Ban the Box” Law for City Contractors, Seeks Alternative Legislation

Last Thursday, Tampa’s City Council declined to pass a law that would have “banned the box” for city contractors. “Ban the box” refers to a movement at the state and local levels of government to remove the check box from job...more

2/26/2015 - Ban the Box Criminal Background Checks Government Contractors Hiring & Firing Job Applicants Municipalities

Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2105), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the...more

2/24/2015 - Criminal Background Checks Disparate Impact EEOC Employee Credit Checks Evidence Expert Testimony Hiring & Firing Summary Judgment Title VII

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more

2/20/2015 - Employer Liability Issues Employment Policies Faragher/Ellerth defense NJ Supreme Court Sexual Harassment Supervisors Vicarious Liability

NJ Supreme Court Hears Argument on Whether Disgorgement of Employee’s Salary Requires Economic Damages

In Kaye v. Rosefielde, a case alleging fraud and malpractice against a former general counsel, the New Jersey Supreme Court recently heard oral arguments on whether the Appellate Division erred in affirming that economic...more

2/7/2015 - Attorney Malpractice Disgorgement Economic Damages Fraud General Counsel Hiring & Firing

NJ Supreme Court Considers Remittitur of Emotional Distress Award in Race Discrimination Case

The New Jersey Supreme Court has agreed to address whether a trial court erred in denying remittitur on a whopping $1.4 million award for emotional distress damages in a racial discrimination suit brought under the Law...more

2/4/2015 - Employer Liability Issues Intentional Infliction of Emotional Distress NJ Supreme Court Racial Discrimination Remittitur

NJ Supreme Court Clarifies Independent Contractor Standard under State Wage Laws

Last week, New Jersey’s highest court ruled in Hargrove v. Sleepy’s, LLC, No. A-70-12 (Jan. 14, 2015), that the so-called “ABC test” applies when determining whether a worker is an employee or independent contractor under the...more

1/22/2015 - Employee Definition Employer Liability Issues Independent Contractors Misclassification New Legislation Sleepy's Unemployment Benefits Wage and Hour

California’s Fair Chance Employment Act Targets Construction Contractors

A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite...more

1/20/2015 - Ban the Box Construction Industry Contractors Criminal Background Checks Employer Mandates Hiring & Firing Job Applicants Popular

Michigan Protects Employers from Negligent Hiring and Retention Claims

On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana, Georgia, Tennessee, and Texas recently passed...more

1/16/2015 - Criminal Records Hiring & Firing Job Applicants New Legislation Workplace Safety

SEC Approves FINRA Rule Strengthening Background Checks

The Securities and Exchange Commission (SEC) has approved a Financial Industry Regulatory Authority (FINRA) rule requiring member firms to strengthen their background investigation of applicants seeking registration. ...more

1/13/2015 - Background Checks Broker-Dealer FINRA Registration SEC

Illinois and Chicago “Ban the Box” Laws Take Effect

Illinois’ and Chicago’s “ban the box” laws took effect on January 1. Both laws prohibit private employers from making criminal inquiries until after an applicant has been notified of his or her selection for an interview...more

1/12/2015 - Ban the Box City of Chicago Criminal Background Checks Hiring & Firing Local Ordinance

New Minnesota Expungement Law Helps Protect Employers from Liability

A new Minnesota law that took effect on January 1 expands the opportunities for ex-offenders to expunge their criminal records. In an effort to protect employers who hire employees with expunged records, the new law provides...more

1/6/2015 - Ban the Box Conditional Job Offers Criminal Background Checks Employer Liability Issues Expungement Hiring & Firing Job Applicants

Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year....more

1/2/2015 - Adverse Employment Action Audio Recording Confidential Documents Dodd-Frank Employer Liability Issues False Claims Act Health Care Providers Healthcare Medical Devices Public Employers Quality of Care Standards Retaliation Trade Secrets Whistleblowers

Trends in New Jersey Employment Law - December 2014

2014 Year in Review—the Top 10 Trends in New Jersey Employment Law - 2014 was another busy year for developments in New Jersey employment law. This newsletter examines noteworthy developments in ten key...more

1/2/2015 - Arbitration Background Checks Criminal Background Checks Discrimination Ebola Employer Liability Issues FMLA Hiring & Firing Job Applicants Sick Leave State of Emergency Wage and Hour Whistleblower Protection Policies

Syracuse “Bans the Box” for City Contractors

Effective March 22, 2015, Syracuse has “banned the box” for any person that enters into a service contract or concession agreement with the City, or otherwise supplies goods and/or services to, or on behalf of, the City. ...more

12/30/2014 - Ban the Box Contractors Criminal Background Checks Employer Mandates Hiring & Firing Job Applicants Local Ordinance

D.C.’s “Ban the Box” Law Takes Effect, OHR Issues Notice of Rights

D.C.’s Fair Criminal Record Screening Act of 2014 took effect on December 17. The new law prevents employers with 11 or more employees in D.C. from making any criminal inquiries on an initial employment application (i.e.,...more

12/24/2014 - Ban the Box Conditional Job Offers Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants New Legislation

Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

12/24/2014 - Background Checks Ban the Box Criminal Background Checks EEOC Employee Credit Checks Employer Liability Issues FCRA Hiring & Firing Job Applicants

New Jersey’s Minimum Wage Rises to $8.38 in the New Year

Due to to an increase in the Consumer Price Index (CPI), New Jersey’s minimum wage will rise to $8.38 per hour starting January 1, 2015. This is the second consecutive year that the state’s minimum wage will increase....more

12/22/2014 - Employer Mandates Minimum Wage Wage and Hour

Lawsuits Grow Under “Old” Pennsylvania Background Check Law

A growing number of states and localities have enacted laws that restrict employers from considering certain types of criminal records in hiring and other personnel decisions. Though many of these laws are more recent,...more

12/18/2014

NJ Supreme Court to Rule on SOL Waiver

Last week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an employee could sue the company to no more than 6 months after an alleged adverse...more

12/17/2014 - Adverse Employment Action Applications Employer Liability Issues Hiring & Firing Job Applicants Statute of Limitations

NYC Council Debates Expansive “Ban the Box” Bill

A couple of months ago, we blogged about the New York City Council’s general support for a proposal that would effectively ban credit checks in hiring and other personnel decisions. As the council continues to debate credit...more

12/15/2014 - Ban the Box Conditional Job Offers Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants

Prince George’s County “Bans the Box”

Add another locality to the growing list that have “banned the box” for private employers. Starting January 20, 2015, employers with at least twenty-five full-time employees in Prince George’s County (MD) can no longer ask...more

12/12/2014 - Ban the Box Criminal Background Checks Hiring & Firing Interviews

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