Katharine Parker

Katharine Parker

Proskauer Rose LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Oregon “Bans the Box” for Private Employers

Oregon is the latest state to “ban the box” for private employers. Starting January 1, 2016, an employer may not require an applicant to disclose a criminal conviction on an employment application or at any time prior to an...more

6/29/2015 - Ban the Box Criminal Background Checks Hiring & Firing Job Applicants New Legislation

New Nevada Law Expands Employer Access to Conviction Records

While Nevada law does not limit how far back employers can directly ask applicants or employees about their conviction history, for years it has generally prohibited consumer reporting agencies (CRAs) from providing employers...more

6/26/2015 - Arrest and Conviction Records Background Checks Consumer Reporting Agencies Criminal Background Checks Employee Rights Employment Discrimination Hiring & Firing Job Applicants New Legislation

Oregon Becomes the Fourth State with a Paid Sick Leave Law

Oregon recently passed a new law that will require most employers with 10 or more employees to provide paid sick time. Oregon is the fourth state to adopt a paid sick leave law, following Connecticut, California, and...more

6/24/2015 - Earned Sick Time Employee Handbooks Employee Rights Employer Liability Issues Medical Leave New Legislation Notice Requirements Paid Leave Paid Sick Leave Act PTO Sick Leave Sick Pay

Colorado Supreme Court Okays Discharge of Medical Marijuana-Using Employee

Colorado, like some other states including New York, has a law that generally prohibits an employer from discharging an employee for engaging in lawful activities outside of work. Earlier this week, in Coats v. Dish Network,...more

6/23/2015 - CO Supreme Court Controlled Substances Act Disabled Drug Testing Hiring & Firing Lawful Activities Act Medical Marijuana Non-Work Hours Wrongful Termination

NYC “Ban the Box” Bill Heads to Mayor’s Desk

On June 10th, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering an...more

6/15/2015 - Background Checks Ban the Box City Councils Conditional Job Offers Criminal Background Checks Employment Application Employment Discrimination Hiring & Firing Job Ads Job Applicants Job Offers New Legislation NYCHRL NYSHRL

Oregon Amends Social Media Law

About two years ago, Oregon enacted a law restricting employers from accessing the personal social media accounts of their applicants and employees.  For more on the law, see our prior client alert. Last week, Oregon’s...more

6/11/2015 - Amended Legislation Corporate Counsel Employee Privacy Rights Internet Privacy Popular Social Media Policy

U.S. Supreme Court Holds Failure to Accommodate Religion May Be Evidence of Intentional Discrimination

Yesterday, the U.S. Supreme Court held in favor of the EEOC in EEOC v. Abercrombie & Fitch Store Stores, Inc. The EEOC claimed that Abercrombie violated Title VII of the Civil Rights Act of 1964 (Title VII) by refusing to...more

6/2/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

New Connecticut Online Privacy Law Protects Prospective & Current Employees

Last week, Connecticut Governor Dannel P. Malloy signed a law to protect prospective and current employees from employer interference with their “personal online accounts.” The new law, which will take effect on October 1,...more

5/27/2015 - Employee Privacy Rights Internet Privacy New Legislation Passwords Popular Social Media Social Media Policy

“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

NYC Mayor Signs Law Banning Credit Checks

Yesterday, NYC Mayor Bill DeBlasio signed a bill (Int. 0261-2014) that amends the City’s Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s credit history when...more

5/9/2015 - Background Checks Credit History Human Rights

Philadelphia Issues Sick Leave Notice

The City of Philadelphia Managing Director’s Office (“the Agency”) recently issued its official notice of employee rights under the Philadelphia sick leave ordinance. ...more

5/5/2015 - Notice Requirements Sick Leave

Supreme Court Concludes That EEOC Conciliation Efforts Are Reviewable by Courts

On April 29, 2015, the U.S. Supreme Court unanimously concluded that the Equal Employment Opportunity Commission’s (EEOC) efforts to conciliate a matter before filing suit—a statutory requirement of Title VII—can be reviewed...more

4/30/2015 - Chevron Deference Conciliation Discrimination EEOC Judicial Review Mach Mining v EEOC SCOTUS Title VII

EEOC Releases Proposed Rule on Employee Wellness Plans

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released a long awaited proposed rule on employee wellness programs. The rule is designed to help companies structure such programs to meet their...more

4/21/2015 - ADA Affordable Care Act EEOC HIPAA Popular Reasonable Accommodation Wellness Programs

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

New York City Council Introduces Bill to Create an Office of Labor Standards

On April 16, 2015, the New York City Council has introduced a bill (T2015-2812) that seeks to establish an Office of Labor Standards (“Office”). The bill, which would amend the New York City Charter and the Administrative...more

4/17/2015 - Administrative Authority City Charters Proposed Amendments Proposed Legislation

Hiring Tests in the News

A front page article in yesterday's Wall Street Journal highlights the growing use of pre-employment personality and psychological testing to screen job candidates. These tests are designed to evaluate technical skills,...more

4/16/2015 - EEOC Hiring & Firing Proficiency Testing

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

Last Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA)....more

3/31/2015 - ADA Appeals Burden-Shifting Disparate Impact Disparate Treatment EEOC PDA Popular Pregnancy Pregnancy Discrimination Pretext Reasonable Accommodation SCOTUS Subsantial Burden Standard Summary Judgment Title VII Young v United Parcel Service

EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans

On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and...more

3/26/2015 - ADA Affordable Care Act Corporate Counsel Disability Discrimination EEOC Employee Incentive Plans Health Plan Sponsors NPRM OMB Wellness Programs

Utah Law Bars Discrimination Against Nursing Mothers

On March 23, Utah Governor Gary Herbert signed a bill that prohibits discrimination against employees who breastfeed at work....more

3/26/2015 - Breastfeeding Discrimination New Legislation

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

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

EEOC Background Check Litigation Strategy Criticized

Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.” ...more

3/2/2015 - Background Checks EEOC Employer Liability Issues Hiring & Firing

Philadelphia Joins List of Cities Mandating Paid Sick Leave

On February 12, 2015, Philadelphia became yet another jurisdiction to pass a law guaranteeing paid sick leave for employees. The Philadelphia ordinance grants certain employees paid sick leave which can be used to respond to...more

3/2/2015 - Employer Mandates Local Ordinance New Legislation Paid Leave Sick Leave

DOL Issues Final Rule Redefining “Spouse” Under FMLA

Last Wednesday the Department of Labor (DOL) issued its Final Rule revising the definition of “spouse” under the Family and Medical Leave Act....more

3/1/2015 - 'Place of Celebration' Rule Common Law Marriage DOL FMLA Leave of Absence Same-Sex Marriage Spouses

142 Results
|
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×