Daniel Saperstein

Daniel Saperstein

Proskauer Rose LLP

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“Ban the Box” Trend Continues Across the Country

The “ban the box” movement—which seeks to remove questions about criminal history from an employer’s initial employment application—continues to cut across geographic and political divides. In March and April, we blogged...more

5/22/2015 - Ban the Box Discrimination Hiring & Firing Job Applicants

California Court Dismisses FCRA Class Action Against LinkedIn

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for...more

5/15/2015 - Background Checks Class Action Consumer Reporting Agencies Employee References FCRA Hiring & Firing LinkedIn

Credit Checks To Be Banned in NYC

On April 16, 2015, by a 47-3 vote, the New York City Council passed a bill (Int. 0261-2014) to amend the NYC Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s...more

4/20/2015 - Background Checks Credit Checks Hiring & Firing Pending Legislation

Virginia Governor’s Order “Encourages” Private Employers to “Ban the Box”

Last week, Virginia Governor Terrence McAuliffe signed an executive order “banning the box” on most state employment applications and “encouraging” private employers and government contractors to do the same. “Ban the box”...more

4/7/2015 - Ban the Box Criminal Background Checks EEOC Hiring & Firing

President Obama Urged to “Ban the Box” for Federal Contractors

In a letter this past week, nearly 200 interest groups urged President Obama to issue an executive order “banning the box” for federal contractors and to implement other “fair chance” hiring reforms protecting ex-offenders....more

4/1/2015 - Ban the Box Barack Obama Contractors Criminal Background Checks Federal Contractors Hiring & Firing Legislative Agendas OFCCP

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

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

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

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

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

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

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

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

Rochester Issues FAQs on Newly Effective “Ban the Box” Ordinance

Rochester recently posted FAQs highlighting key provisions of the city’s “ban the box” ordinance, which takes effect today. The new law prohibits employers from inquiring into an applicant’s criminal conviction history until...more

11/18/2014 - Ban the Box Employer Liability Issues Hiring & Firing Job Applicants New Legislation

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