Daniel Saperstein

Daniel Saperstein

Proskauer Rose LLP

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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

New Mexico Law Requires Employers to Post Human Trafficking Poster

New Mexico's governor recently signed a law mandating that, no later than July 1, 2014, employers subject to the state's Minimum Wage Act conspicuously display in their facilities a poster on human trafficking. The new law...more

4/9/2014 - Human Trafficking Minimum Wage Posting Requirements Trucking Industry

Connecticut Moves Toward Highest Minimum Wage of Any State in the Country

On March 27, 2014, Connecticut Governor Dannel Malloy signed a law that is poised to make Connecticut's minimum wage the highest of any state in the nation by 2017 (if no other state enacts a higher wage in the interim). ...more

4/4/2014 - Minimum Wage Over-Time

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

New Louisville “Ban the Box” Ordinance Covers City Contractors, Continues Growing Trend

Mayor Greg Fischer recently signed an ordinance that generally prohibits the Louisville Metro Government (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history on the initial job...more

3/31/2014 - Background Checks Ban the Box Criminal Background Checks

San Francisco Releases "Ban the Box" Notice for Posting and Distribution

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel...more

3/31/2014 - Background Checks Ban the Box Criminal Background Checks

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development ("Department") recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage...more

3/28/2014 - Employee Rights NLRB Wage and Hour

Joining Other States and Localities, Indianapolis “Bans the Box” for City Vendors and Further Restricts Criminal Background...

Mayor Gregory A. Ballard recently signed an ordinance that generally prohibits the Consolidated City of Indianapolis and Marion County (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history...more

3/25/2014 - Ban the Box Criminal Background Checks

D.C. Expands Paid Sick Leave Law

Last week, an amendment to the District of Columbia Accrued Sick and Safe Leave Act of 2008 (the "ASSLA") came into effect. The amendment, called the Earned Sick and Safe Leave Amendment Act of 2013 (the "Amendment"),...more

3/17/2014 - Employee Rights Paid Leave Sick Leave

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

Newark Follows Jersey City with Sick Leave Law

On January 29, 2014, the Mayor of Newark, New Jersey signed into law an Ordinance requiring employers to provide paid sick leave to their employees, effective May 29, 2014, or, for employees who are covered by a collective...more

3/10/2014 - Collective Bargaining Employee Definition FLSA Human Resources Professionals Notice Requirements Paid Leave Personnel Records Posting Requirements Sick Leave

A Woolley Situation: District of New Jersey Refuses to Enforce Arbitration Clause in Employee Handbook

New Jersey employers should consider the risks of including an arbitration agreement in a standard employment handbook in light of a recent decision by the United States District Court for the District of New Jersey. In...more

2/28/2014 - Arbitration Employee Handbooks Mandatory Arbitration Clauses

San Francisco "Bans the Box" for Private Employers and City Contractors

The Mayor of San Francisco recently signed an ordinance that prohibits private employers and city contractors and subcontractors (collectively "contractors") from asking job applicants about their criminal histories until...more

2/24/2014 - Arrest and Conviction Records Ban the Box Criminal Background Checks Employment Application Hiring & Firing Human Resources Professionals Municipalities Publication Requirement Recordkeeping Requirements Recruitment Policies

Fifth Circuit Finds No Protected Activity under SOX, Mum on Extraterritoriality

In Villanueva v. United States Department of Labor, No. 12-60122, 2014 WL 550817 (5th Cir. Feb. 12, 2014), the Fifth Circuit Court of Appeals held that the petitioner had not engaged in protected activity under Section 806 of...more

2/14/2014 - Dodd-Frank Extraterritoriality Rules Protected Concerted Activity Sarbanes-Oxley

Philadelphia Latest to Protect Pregnancy, Require Reasonable Accommodation

Philadelphia recently amended the city's fair practices ordinance to expand the protections against discrimination for employees based on pregnancy, childbirth, or a related medical condition. The amendment, which is similar...more

2/10/2014 - Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

New Jersey "Sandy" Law Preserves Employee Eligibility for Leave and Benefits

To be eligible for leave under New Jersey's Family Leave Act (FLA) or the Security and Financial Empowerment Act (SAFE Act), an employee must have been employed for at least 12 months and have worked at least 1,000 base hours...more

2/6/2014 - Employee Benefits Employee Rights FMLA Paid Leave SAFE Act Unpaid Leave

New York City Pregnancy Accommodation Law Now in Effect

The most recent amendment to the New York City Human Rights Law takes effect January 30, 2014. It requires employers to reasonably accommodate employees based on pregnancy, childbirth, or related medical conditions unless...more

1/31/2014 - Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation Undue Hardship

Trends in New Jersey Employment Law - February 2014

Appellate Division Roundup - In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions. State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more

1/29/2014 - CEPA Discrimination Employee Rights Pregnancy Pregnancy Discrimination Protected Class Whistleblowers

New Jersey Expressly Protects Pregnancy, Requires Reasonable Accommodation

On January 21, 2014, Governor Chris Christie signed S2995 to amend New Jersey's Law Against Discrimination (LAD) by expanding protections against discrimination for employees affected by pregnancy. The amendment, which is...more

1/24/2014 - Compliance Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

Jersey City Sick Leave Law and Notice/Poster Requirements Effective January 24, 2014

On September 26, 2013, the Mayor of Jersey City, New Jersey signed into law an Ordinance requiring employers to provide sick leave to their employees, effective January 24, 2014. For more on the new law, see our past client...more

1/20/2014 - Employee Benefits Hiring & Firing New Hires Personnel Records Posting Requirements Sick Leave Unions

Trends In N.J. Whistleblowing And Retaliation Law – 2013 Roundup

2013 was a busy year for whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy statutory and judicial developments for employers to consider in the new year....more

1/16/2014 - Anti-Discrimination Policies Compliance Discrimination Domestic Violence Equal Pay Equal Pay Act Gender Equity Retaliation Sick Leave Social Media Policy Whistleblowers

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

1/13/2014 - Anti-Discrimination Policies Arbitration Civil Rights Act Compliance Criminal Background Checks Discrimination Employee Rights Employer Liability Issues Equal Pay Gender Equity Non-Compete Agreements Paid Leave Passwords Restrictive Covenants Social Media Social Media Policy Title VII Wage and Hour Whistleblower Protection Policies

New Jersey Issues Forms to Acknowledge Receipt of Pay Equity Notice

Last month, the New Jersey Department of Labor & Workforce Development released New Jersey’s new pay equity notice in English and Spanish. For more on the posting and distribution requirements of the English and Spanish...more

1/7/2014 - Gender Equity Gender-Based Pay Discrimination Pay Equality Notices

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