Fredric Leffler

Fredric Leffler

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

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

Mayor de Blasio Signs New York City Sick Leave Law - Notice of Rights Available

New York City Mayor Bill de Blasio signed the amended version of the Earned Sick Time Act ("ESTA") on Thursday, March 20, 2014. The Earned Sick Time Act takes effect on April 1, 2014. To learn more about the New York City...more

3/24/2014 - Employee Rights Paid Leave Sick Leave

Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative

On Thursday, March 13, 2014, President Obama gave a short press conference and signed a Presidential Memorandum aimed at "updating and modernizing" overtime eligibility rules for white-collar workers. The Memorandum directs...more

3/19/2014 - Classification Compensation Agreements DOL Executive Compensation FLSA Over-Time White-Collar Exemptions

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

EEOC Issues New Guidance on Religious Garb and Grooming in the Workplace

On March 6, 2014, the Equal Employment Opportunity Commission ("EEOC") released a new question-and-answer guide and accompanying fact sheet on religious dress and grooming in the workplace, under Title VII of the Civil Rights...more

3/11/2014 - Civil Rights Act EEOC Religion Religious Clothing Religious Discrimination Title VII Workplace Attire

Massachusetts Paid Sick Time

Rhode Island recently has followed Connecticut in mandating paid sick time, and now bills pending in Massachusetts and Vermont may spread the requirement through New England. New York and the District of Columbia also...more

3/10/2014 - Employee Rights Paid Leave Sick Leave

City Council Expands New York City Earned Sick Time Act

Yesterday, the New York City Council passed an amendment to the New York City Earned Sick Time Act (the "Act") expanding its coverage in several significant ways. The law, as amended, will take effect on April 1, 2014. As...more

2/28/2014 - Accrued Benefits Employee Benefits Employee Rights Sick Leave

Supreme Court’s Sandifer Decision Is Not Just About Changing Clothes

In Sandifer et al. v. United States Steel Corp., a unanimous Supreme Court clarified the meaning of "changing clothes" found in Section 203(o) of the Fair Labor Standards Act ("FLSA" or "Act"), holding that "changing clothes"...more

2/13/2014 - Collective Bargaining FLSA Protective Gear Sandifer v U.S. Steel Corp SCOTUS Unions Wage and Hour Workplace Attire

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

Broad Definition of "Disability" Endorsed By Fourth Circuit

In its recently published opinion in Summers v. Altarum Institute, Corp., No. 13-1645, decided January 23, 2014, the United States Court of Appeals for the Fourth Circuit became the first federal appellate court to hold that...more

2/5/2014 - ADA ADAAA Disability

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

New York City Earned Sick Time Act to Be Expanded

The New York City Earned Sick Time Act (the "Act") will take effect on April 1, 2014. As previously reported in our earlier client alerts [available here: May 9, 2013, June 28, 2013, and December 17, 2013], the Act requires...more

1/29/2014 - Employee Rights Paid Leave Sick Leave Unpaid Leave

New York State Takes Aim at Worker Misclassification: The Commercial Goods Transportation Industry Fair Play Act

On Friday, January 10, 2014, Governor Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act). The Act amends the New York Labor Law to create a presumption that any person...more

1/15/2014 - Employee Definition Employer Liability Issues Independent Contractors Notice Requirements Trucking Industry

New York City Earned Sick Time Act Takes Effect April 1, 2014

The New York City Earned Sick Time Act (the "Act") will take effect on April 1, 2014. As previously reported in our earlier client alerts, the Act has a complex provision that ties its effective date to a Federal Reserve...more

12/18/2013 - Compliance Employee Rights Sick Leave

Unemployment Laws Have New Teeth under the Integrity Act: Are You Ready?

In 2011, President Obama signed the Unemployment Insurance Integrity Act (the "Act") as part of the enactment of the Trade Adjustment Assistance Extension Act of 2011 (“TAAEA”). The Act, which is a subsection of the Federal...more

12/4/2013 - Compliance FUTA TAAEA Unemployment Insurance Unemployment Insurance Integrity Act

New York State Amends Labor Law To Protect Child Models

On October 21, 2013, Governor Andrew M. Cuomo signed amendments to the New York Labor Law, Art. 4-A, §§ 150-154, the laws governing employment of child performers. The new law is effective on November 20, 2013, thirty (30)...more

11/21/2013 - Child Labor Compliance DOL Minors

AAA Adopts Optional Appellate Arbitration Process

The American Arbitration Association (AAA) has released new rules establishing an optional appeals process for parties involved in arbitration. Effective November 1, 2013, the Optional Appellate Arbitration Rules (Rules)...more

11/13/2013 - Appeals Arbitration Arbitration Agreements Arbitration Awards Judicial Review

Joint Standards Proposed for Assessing Diversity Policies and Practices of Dodd-Frank Covered Entities

Last month the six federal agencies ("Agencies") that are subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank" or "the Act") released jointly proposed standards for assessing the...more

11/6/2013 - Compliance Diversity Dodd-Frank Enforcement OMWI

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

Can an employee state a claim for a disability discrimination termination when he advises his employer that his return to work date "is indeterminate at this time" and the employer, without further discussion with the...more

10/18/2013 - ADA Disability Disability Discrimination Employee Rights Medical Leave Termination Undue Hardship Unpaid Leave

Are You Ready for the Final Wage Deduction Rules?

The New York State Department of Labor (NYSDOL) issued final Wage Deduction regulations, effective October 9, 2013. The regulations set forth the requirements for making authorized lawful deductions from employee wages under...more

10/15/2013 - Overpayment Wage and Hour Wage Deductions Wages

Rhode Island Laws Extend Paid Benefits to Caregivers

On July 11, 2013, the Governor of Rhode Island signed a new bill into law which will expand the state's temporary disability insurance program to provide wage replacement benefits to workers who take time off to care for a...more

8/7/2013 - Caregivers Disability Disability Insurance Employee Benefits Wages

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