Katharine Parker

Katharine Parker

Proskauer Rose LLP

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Applicants & Employees Can Refuse to Disclose Expunged Criminal Records Under New Louisiana Law

A new Louisiana law that took effect on August 1 serves to prevent employers from inquiring into an applicant’s or employee’s expunged criminal records. The law does provide for certain exceptions such as where the position...more

10/17/2014 - Ban the Box Criminal Records Disclosure Expungement Job Applicants

Philadelphia Requires Reasonable Accommodation of Nursing Mothers

On September 3, Philadelphia made it unlawful for an employer to fail to reasonably accommodate the need to express breast milk, where the accommodation does not impose an undue hardship. ...more

10/16/2014 - Breastfeeding Employee Rights Employer Liability Issues Local Ordinance Reasonable Accommodation

Protecting Healthcare and Other Employees From Ebola

News that a U.S. based health-care worker in Dallas has contracted Ebola while caring for a patient with the disease has raised questions about the protections that health care facilities and other employers must provide for...more

10/16/2014 - Africa CDC Ebola Healthcare Healthcare Professionals OSHA Safety Precautions

New News on Ebola May Require Changes in Employer Procedures

New news reports on Ebola, both about the epidemic in West Africa and new details about the health care workers in Dallas who have been infected, have heightened employer concerns. Today Andrew Morse of the Wall Street...more

10/16/2014 - Africa Ebola World Health Organization

Madison, WI Resolution Targets “Ban the Box” Legislation For City Contractors and Vendors

The Common Council of Madison, Wisconsin passed a resolution that prohibits the city (i) from asking questions concerning an applicant’s criminal history on the city’s initial employment applications (i.e., “banning the...more

9/11/2014 - Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Local Ordinance Municipalities

New Massachusetts Law Entitles Employees to Domestic Violence Leave

On August 8, 2014, Massachusetts Governor Deval Patrick signed into law a far-reaching Act designed to combat the problems of domestic violence. Notably, the Act became effective immediately upon the Governor signing it into...more

9/9/2014 - Crime Victims Domestic Violence Employee Rights Paid Leave Unpaid Leave

D.C. Mayor Signs "Ban the Box" Law

Mayor Vincent Gray has signed the Fair Criminal Record Screening Act of 2014 to prevent most employers in the District of Columbia from asking prospective employees about their criminal history on the initial job application....more

9/4/2014 - Ban the Box Criminal Background Checks Job Applicants

Special Report: Social Media Roundup

Social Media Roundup - Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective and/or current employees with increased social media protections, following Tennessee, Wisconsin,...more

8/14/2014 - Employee Rights Passwords Social Media Social Media Account Ownership Social Media Policy

Latest Criminal Background Check Developments Affect San Francisco, Illinois, and Alabama Employers

Starting on August 13, 2014, employers and contractors in San Francisco may no longer ask applicants about their criminal history until after the first live interview or following a conditional offer of employment. Even when...more

8/11/2014 - Background Checks Ban the Box Contractors Criminal Background Checks Subcontractors

Louisiana Has Joined 16 Other States and Prohibits Employers from Accessing Employee Online Accounts

Effective August 1, 2014, Louisiana joined at least sixteen other states that have enacted laws prohibiting or restricting employers from accessing employees' personal online accounts – including social media (Twitter,...more

8/11/2014 - Corporate Counsel Employee Rights Passwords Right to Privacy Social Media

New York Governor Cuomo Announces New Minimum Wage Policy for Thousands of Airport Workers

New York Governor Andrew Cuomo announced that employees of contractors and subcontractors at JFK and LaGuardia airports currently earning minimum wage are to receive a pay increase from $9.00 to $10.10. The policy, which also...more

8/11/2014 - Airports Contractors Employee Rights Minimum Wage Subcontractors Wages

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

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