Daniel Saperstein

Daniel Saperstein

Proskauer Rose LLP

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New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

7/10/2014 - Adverse Employment Action Applications Contract Formation Corporate Counsel Hiring & Firing Job Applicants Statute of Limitations

Tennessee Enacts Trio of Employment Laws

Tennessee's governor recently signed three new employment laws. The first, a social media law, takes effect on January 1, 2015, and provides applicants and employees with social media protections similar to those in fifteen...more

6/23/2014 - Discrimination Employer Liability Issues Employment Policies Hiring & Firing New Regulations Social Networks

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 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

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

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

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

S.D.N.Y. Dismisses SOX Whistleblower Case, Applying Strict Protected Activity Standard And Finding No Causation

On December 12, 2013, the U.S. District Court for the Southern District of New York granted an employer summary judgment on a long-running SOX whistleblower claim. Sharkey v. J.P. Morgan Chase & Co., No. 10-cv-3824 (S.D.N.Y....more

12/17/2013 - Hiring & Firing JPMorgan Chase Protected Activity Sarbanes-Oxley Termination Whistleblowers

California Further Restricts Employer Use of Prior Convictions in Hiring Decisions

On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. The new law takes effect January 1,...more

11/6/2013 - Arrest and Conviction Records Criminal Background Checks Criminal Records Hiring & Firing Prior Conviction

New York City Issues New Pregnancy & Employment Rights Notice in English, Foreign Language Versions to Follow

Earlier this month, Proskauer issued a client alert on the latest amendment to the New York City Human Rights Law, which expands the protections against discrimination for pregnant employees. For more on the new law, see our...more

11/1/2013 - Discrimination Hiring & Firing Notice Requirements NYCHRL Pregnancy Discrimination Reasonable Accommodation

Rhode Island Fourth State To “Ban the Box” for Private Employers

The Governor of Rhode Island recently signed a law to prohibit employers from asking job applicants about their criminal conviction history until the first interview....more

7/22/2013 - Arrest and Conviction Records Criminal Background Checks Employer Mandates Hiring & Firing Job Applicants

Employers Cannot Access Applicant or Employee Personal Social Media Accounts, Says Nevada

On June 13, 2013, Nevada's governor signed A.B. 181 to restrict employer access to applicants' and employees' personal password-protected social media accounts, adding to the state's existing anti-discrimination statute that...more

6/27/2013 - Credit Reports Hiring & Firing Job Applicants New Legislation Passwords Social Media

Seattle Latest City to "Ban the Box" for Private Employers

On June 20, 2013, the Mayor of Seattle signed an ordinance to "ban the box" and otherwise restrict the use of arrest and conviction records in the hiring and personnel decisions of most private employers and of the City...more

6/27/2013 - Ban the Box Criminal Background Checks Hiring & Firing Job Applicants Local Ordinance Municipalities Penalties

New Texas Law Protects Employers from Negligent Hiring and Supervision Claims

On June 14, 2013, the governor of Texas signed HB 1188 to limit liability for negligent hiring and supervision of employees with criminal convictions....more

6/21/2013 - Criminal Records Hiring & Firing Negligent Hiring Negligent Supervision New Legislation

Indiana and North Carolina Limit Employer Inquiries into Criminal Records

A new Indiana law takes effect on July 1, 2013 to prohibit employers from asking about (or otherwise considering) expunged or sealed arrests and convictions. Similarly, a new North Carolina law takes effect December 1, 2013...more

6/17/2013 - Criminal Background Checks Hiring & Firing Job Applicants Sealed Records

Buffalo's "Ban the Box" Ordinance Covers Private Employers

On June 10, 2013, a new ordinance took effect in the City of Buffalo prohibiting public and private employers and City vendors from asking prospective employees about their criminal conviction history during the application...more

6/14/2013 - Ban the Box Criminal Background Checks Hiring & Firing Job Applicants Local Ordinance Municipalities Penalties

Nevada Tenth State To Restrict Employer Use of Credit Checks

On May 23, 2013, Nevada's governor signed S.B. 127 to limit employer use of an applicant's or employee's credit history in hiring and personnel decisions....more

6/6/2013 - Background Checks Credit Reports EEOC Employer Liability Issues Hiring & Firing New Legislation Remedies

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

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 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

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