Katharine Parker

Katharine Parker

Proskauer Rose LLP

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New Illinois "Ban the Box" Law Covers Private Employers

Governor Quinn has signed the Job Opportunities for Qualified Applicants Act (the "Act"), which takes effect January 1, 2015 and prevents private employers from asking an applicant about his or her criminal history on the...more

7/22/2014

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered "Disabled" Under State Human Rights Law

On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not...more

7/2/2014 - ADA Disability Employer Liability Issues Human Rights Marijuana Medical Marijuana Pending Legislation

New York Wage Theft Prevention Act Amendments Awaiting Governor's Signature

On June 19, 2014, both houses of the New York State Legislature passed a bill that would amend the N.Y. Wage Theft Prevention Act of 2010 (the "Act"). The amendments eliminate the annual wage rate notice requirement and...more

6/26/2014 - Employer Liability Issues New Legislation Notice Requirements Wage and Hour Wage Theft Wage Theft Prevention Act

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 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

New Mexico Law Requires Employers to Post Human Trafficking Poster

New Mexico's governor recently signed a law mandating that, no later than July 1, 2014, employers subject to the state's Minimum Wage Act conspicuously display in their facilities a poster on human trafficking. The new law...more

4/9/2014 - Human Trafficking Minimum Wage Posting Requirements Trucking Industry

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

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

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

D.C. Expands Paid Sick Leave Law

Last week, an amendment to the District of Columbia Accrued Sick and Safe Leave Act of 2008 (the "ASSLA") came into effect. The amendment, called the Earned Sick and Safe Leave Amendment Act of 2013 (the "Amendment"),...more

3/17/2014 - Employee Rights Paid Leave Sick Leave

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

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

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

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