Daniel Saperstein at Proskauer Rose LLP

Minnesota Joins a Handful of Other States and Cities to "Ban the Box" for Private Employment

On May 13, 2013, Minnesota's governor signed S.F. 523 to preclude private employers from asking job applicants about their criminal history on the initial job application and from making such inquiries until the applicant has...more

5/21/2013 - Background Checks Hiring & Firing Job Applicants

New Colorado Law Prohibits Employer Access to Applicant and Employee Personal Social Media Accounts

On May 12, 2013, Colorado’s governor signed H.B. 1046 into law to forbid employers from requiring or requesting that prospective and current employees disclose their username and password to their personal social media...more

5/20/2013 - New Legislation Passwords Social Media Social Media Account Ownership

Law360 Quotes Steve Pearlman on Keeping Whistleblower Complaints In-House

In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, offered ways for companies to minimize their potential whistleblower liability....more

5/9/2013 - Compliance Human Resources Professionals Retaliation Risk Management Whistleblowers

New Whistleblower Bounty Law On The Horizon In NY?

On March 22, 2013, the New York State Senate introduced the S4362 Proposal which, through a “bounty,” gives financial awards to whistleblowers who provide original information to the Department of Financial Services (DFS)...more

5/1/2013 - Anti-Retaliation Provisions Incentives Whistleblower Bounty Program Whistleblowers

New York Times Quotes Lloyd Chinn on “Sharper Focus” of Internal Whistleblower Compliance Policies

In an article published by the New York Times yesterday, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the recent efforts of some companies to strengthen their whistleblower compliance...more

4/25/2013 - Compliance SEC Whistleblowers

Arkansas Latest State to Restrict Employer Access to Applicant and Employee Personal Social Media Accounts

On April 22, 2013, Arkansas' governor signed H.B. 1901, continuing the national momentum to prohibit employers from requesting or requiring prospective and current employees to disclose their username and password to their...more

4/24/2013 - Hiring & Firing Job Applicants Passwords Social Media

Colorado Ninth State to Prohibit Credit Checks for Employment Purposes

On April 19, 2013, Colorado's governor signed S.B. 18 to prohibit employers from considering an applicant's or employee's credit history in employment decisions. California, Maryland, Connecticut, Hawaii, Illinois,...more

4/24/2013 - Credit Cards Credit Checks Discrimination EEOC FCRA Hiring & Firing

New York City Council and Bloomberg Administration Clash over Proposal to Prohibit Employment Discrimination Based on Credit...

On May 15, 2012, the New York City Council proposed Int. #0857-2012 (the Proposal), which would amend the New York City Human Rights Law (NYCHRL) to prohibit discrimination against job applicants and employees based on their...more

4/16/2013 - Credit Reports Enforcement Job Applicants NYCHRL Proposed Legislation Whistleblower Protection Policies Whistleblowers

New Mexico Prohibits Employers from Requesting or Requiring Access to Prospective Employee Social Networking Accounts

On April 5, 2013, New Mexico's governor made it unlawful for an employer to: - request or require that a prospective employee divulge a password allowing access to his or her account or profile on a social networking...more

4/11/2013 - Hiring & Firing Job Applicants New Legislation Passwords Social Media

District of Colorado Expansively Construes Protected Activity Under Dodd-Frank, But Finds No Causation

The U.S. District Court for the District of Colorado followed a trend of decisions concluding that a plaintiff need not have provided the SEC with information regarding alleged federal securities law violations to pursue a...more

4/5/2013 - Dodd-Frank Hiring & Firing Protected Activity Retaliation SEC Termination Whistleblowers

Utah’s New Internet Employment Privacy Law Continues a Growing Trend

On March 26, 2013, Utah joined Maryland, Illinois, California, and Michigan as the fifth state to prohibit employers from requesting that job applicants or employees disclose passwords protecting their personal internet...more

4/3/2013 - Hiring & Firing Internet Employment Privacy Act Job Applicants Passwords Social Media

New York City Council Overrides Mayor’s Veto To Prohibit Discrimination Based on Unemployment Status

On January 23, 2013, the New York City Council passed Int. #0814-2012 (the "new Local Law"), which amends the New York City Human Rights Law ("NYCHRL") to prohibit discrimination against job applicants based on their...more

3/15/2013 - Discrimination Hiring & Firing Unemployment Discrimination

OSHA Issues Interim Final Rule on PPACA Whistleblower Provision

On February 22, 2013, the federal Occupational Safety and Health Administration (OSHA) released an interim final rule concerning the whistleblower protection provisions of The Patient Protection and Affordable Care Act...more

3/11/2013 - Affordable Care Act Healthcare OSHA Whistleblowers

Second Circuit “Clarifies” SOX Burden-Shifting Framework

On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A....more

3/7/2013 - Burden-Shifting DOL OSHA Sarbanes-Oxley Whistleblowers

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or...more

3/5/2013 - Adverse Employment Action DOL Extraterritoriality Rules FAA OSHA Whistleblowers

Third Circuit "Clarifies" Continuing Violation Doctrine

In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S....more

2/25/2013 - Appeals Continuing Violation Doctrine Discrimination Hostile Environment Laches Permancency Requirement Reversal Sexual Harassment Statute of Limitations Title VII

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

2/12/2013 - Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing OFCCP Title VII Training UGESP

Compliance Week Quotes Proskauer’s Concerns and Guidance Regarding NDAA Whistleblower Provisions

In a recent Compliance Week article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the National Defense Authorization Act for Fiscal Year 2013 (NDAA), which...more

1/30/2013 - Barack Obama Contractors DOD NASA NDAA Subcontractors Whistleblowers

How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other...

“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only...more

1/29/2013 - ADEA False Claims Act Mixed Motive Cases Nassar Retaliation SCOTUS Title VII University of Texas Southwestern Medical Center Whistleblowers

FTC Expands FCRA Coverage to Mobile Industry – Employers Beware

The Federal Trade Commission ("FTC") recently extended the reach of the Fair Credit Reporting Act ("FCRA") to the mobile industry by means of a consent order, settling its complaint that alleged Respondents Filiquarian...more

1/23/2013 - Background Checks Choice Level LLC Criminal Background Checks FCRA Filiquarian Publishing FTC Hiring & Firing Mobile Apps

New Jersey Department of Labor Proposes Rules to Implement New Pay Equality Poster and Notice Requirements

On September 19, 2012, New Jersey Governor Chris Christie signed a law requiring employers in the State of New Jersey with more than 50 employees to post and distribute notification to employees detailing "the right to be...more

1/10/2013 - Discrimination EEOC Equal Pay Gender Discrimination Gender Pay Equity Gender-Based Pay Discrimination Title VII

Law 360 Quotes Proskauer’s Concerns & Guidance Regarding NDAA Whistleblower Rules

In an Employment Law 360 article (subscription required) today, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the ramifications of the passage of the National Defense Authorization...more

1/9/2013 - Contractors NDAA Subcontractors Vagueness Whistleblowers

President Obama Signs National Defense Authorization Act, Issues Signing Statement Regarding Whistleblower Provisions

On January 2, 2013, President Obama signed the National Defense Authorization Act for Fiscal Year 2013 (NDAA), which enhances whistleblower protections for employees of contractors and subcontractors vis-à-vis the Department...more

1/5/2013 - DOD NASA NDAA Subcontractors Whistleblower Protection Policies

New Year’s Watch: CFPB’s Model FCRA Forms Take Effect

The Consumer Financial Protection Bureau (CFPB), which has taken over the responsibility of interpreting and enforcing the Fair Credit Report Act (FCRA) from the Federal Trade Commission (FTC), recently issued revised model...more

1/4/2013 - CFPB FCRA FTC Summary of Consumer Rights

New Year's Watch: State Laws Take Effect to Prohibit Employers from Mandating that Job Applicants and Employees Divulge Social...

With the start of the New Year, the laws of four states (Maryland, Illinois, California, and Michigan) prohibit employers from requiring job applicants or employees to grant access to their personal password-protected social...more

1/3/2013 - Passwords Social Media

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Daniel Saperstein

Proskauer Rose LLP

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