Daniel Saperstein

Daniel Saperstein

Proskauer Rose LLP

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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

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

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

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

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 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

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

Columbia, Missouri Joins “Ban the Box” Trend

Columbia, Missouri is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on an employment application. The law, which took effect on December 1, 2014, only allows...more

12/9/2014 - Background Checks Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Local Ordinance

San Francisco Issues Guidance for Employers and Contractors on Fair Chance Ordinance

San Francisco has posted FAQs explaining key provisions of the city’s so-called Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014. The Ordinance “bans the box,” prohibiting most private employers and...more

12/9/2014 - Background Checks Ban the Box Criminal Background Checks Federal Contractors Hiring & Firing Job Applicants Local Ordinance San Francisco

FTC Issues Another Guide on Background Checks

As we reported in our prior alert, in March of this year, the Federal Trade Commission (“FTC”) issued a short brochure—Background Checks: What Job Applicants and Employees Should Know—on the use of background checks in hiring...more

11/12/2014 - Background Checks Criminal Background Checks FTC Hiring & Firing Job Applicants

Montgomery County “Bans the Box”

Montgomery County, Maryland is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on the initial employment application....more

11/11/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

Madison, WI Resolution Targets “Ban the Box” Legislation For City Contractors and Vendors

The Common Council of Madison, Wisconsin passed a resolution that prohibits the city (i) from asking questions concerning an applicant’s criminal history on the city’s initial employment applications (i.e., “banning the...more

9/11/2014 - Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Local Ordinance Municipalities

D.C. Mayor Signs "Ban the Box" Law

Mayor Vincent Gray has signed the Fair Criminal Record Screening Act of 2014 to prevent most employers in the District of Columbia from asking prospective employees about their criminal history on the initial job application....more

9/4/2014 - Ban the Box Criminal Background Checks Job Applicants

New Jersey Bans the Box for Private Employers

Governor Christie has signed The Opportunity to Compete Act, which takes effect March 1, 2015 and prevents many private employers in the State of New Jersey from asking prospective employees about their criminal history on...more

8/14/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

Latest Criminal Background Check Developments Affect San Francisco, Illinois, and Alabama Employers

Starting on August 13, 2014, employers and contractors in San Francisco may no longer ask applicants about their criminal history until after the first live interview or following a conditional offer of employment. Even when...more

8/11/2014 - Background Checks Ban the Box Contractors Criminal Background Checks Subcontractors

New "Ban the Box" Developments in Baltimore, Rochester, and Minnesota

Criminal background checks and a desire to increase employment opportunities for the formerly incarcerated continue to be a hot topic in state and local legislatures. This month the cities of Baltimore, Maryland and...more

5/28/2014 - Ban the Box Criminal Background Checks Employer Mandates Employment Policies Hiring & Firing

New Delaware Law “Encourages” State Vendors to “Ban the Box”

Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and...more

5/12/2014 - Background Checks Ban the Box Credit Checks Criminal Background Checks Employee Credit Checks Employer Liability Issues Hiring & Firing Public Employees Public Employers

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

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