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Katharine Parker

Katharine Parker

Proskauer Rose LLP


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Washington State Joins Trend of New Social Media Laws

On May 21, 2013, Washington's governor signed SB 5211 into law, making Washington the latest state to prohibit employers from requiring or requesting that prospective and current employees disclose their username and password...more

5/23/2013 - New Legislation Passwords Remedies Social Media Social Media Account Ownership Social Media Policy

Minnesota Joins a Handful of Other States and Cities to "Ban the Box" for Private Employment

On May 13, 2013, Minnesota's governor signed S.F. 523 to preclude private employers from asking job applicants about their criminal history on the initial job application and from making such inquiries until the applicant has...more

5/21/2013 - Background Checks Hiring & Firing Job Applicants

NYSDOL Issues Proposed Wage Deduction Regulations

The New York State Department of Labor (NYSDOL) has now issued proposed Wage Deduction regulations with respect to Section 193 of the New York Labor Law (NYLL)....more

5/21/2013 - Department of Labor & Industry Proposed Regulation Wage Deductions Wages

New Colorado Law Prohibits Employer Access to Applicant and Employee Personal Social Media Accounts

On May 12, 2013, Colorado’s governor signed H.B. 1046 into law to forbid employers from requiring or requesting that prospective and current employees disclose their username and password to their personal social media...more

5/20/2013 - New Legislation Passwords Social Media Social Media Account Ownership

EEOC's First GINA Suit Serves As Reminder of Pre-Employment Exam Pitfall

On May 7, 2013, the U.S. Equal Employment Opportunity Commission ("EEOC") reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information...more

5/14/2013

New York City Council Passes the Earned Sick Time Act

On Wednesday, May 8, the New York City Council passed the New York City Earned Sick Time Act (the "Act"), which requires most New York City employers to provide mandatory paid and unpaid sick leave to employees working in New...more

5/9/2013 - City Councils Local Ordinance Medical Leave Municipalities Paid Leave

New Mexico Enacts Fair Pay for Women Act

Earlier this spring, New Mexico Governor Susana Martinez signed into law the Fair Pay for Women Act ("FPWA" or the "Act"), prohibiting employers from engaging in gender–based wage discrimination. Inspired by the passage of...more

5/6/2013 - Discrimination Fair Pay Act Gender Discrimination Human Rights Wage and Hour Wages

New York's Minimum Wage To Rise to $9 Per Hour over the Next Three Years

Late last month, Governor Andrew Cuomo signed into law new legislation that, among other things, will raise New York's minimum wage to $9 per hour over the next three years. The minimum wage – both in NY and under federal...more

4/30/2013 - Andrew Cuomo Minimum Wage

Arkansas Latest State to Restrict Employer Access to Applicant and Employee Personal Social Media Accounts

On April 22, 2013, Arkansas' governor signed H.B. 1901, continuing the national momentum to prohibit employers from requesting or requiring prospective and current employees to disclose their username and password to their...more

4/24/2013 - Hiring & Firing Job Applicants Passwords Social Media

Colorado Ninth State to Prohibit Credit Checks for Employment Purposes

On April 19, 2013, Colorado's governor signed S.B. 18 to prohibit employers from considering an applicant's or employee's credit history in employment decisions. California, Maryland, Connecticut, Hawaii, Illinois,...more

4/24/2013 - Credit Cards Credit Checks Discrimination EEOC FCRA Hiring & Firing

New York City Council and Bloomberg Administration Clash over Proposal to Prohibit Employment Discrimination Based on Credit...

On May 15, 2012, the New York City Council proposed Int. #0857-2012 (the Proposal), which would amend the New York City Human Rights Law (NYCHRL) to prohibit discrimination against job applicants and employees based on their...more

4/16/2013 - Credit Reports Enforcement Job Applicants NYCHRL Proposed Legislation Whistleblower Protection Policies Whistleblowers

New Mexico Prohibits Employers from Requesting or Requiring Access to Prospective Employee Social Networking Accounts

On April 5, 2013, New Mexico's governor made it unlawful for an employer to: - request or require that a prospective employee divulge a password allowing access to his or her account or profile on a social networking...more

4/11/2013 - Hiring & Firing Job Applicants New Legislation Passwords Social Media

Utah’s New Internet Employment Privacy Law Continues a Growing Trend

On March 26, 2013, Utah joined Maryland, Illinois, California, and Michigan as the fifth state to prohibit employers from requesting that job applicants or employees disclose passwords protecting their personal internet...more

4/3/2013 - Hiring & Firing Internet Employment Privacy Act Job Applicants Passwords Social Media

New York City Council Overrides Mayor’s Veto To Prohibit Discrimination Based on Unemployment Status

On January 23, 2013, the New York City Council passed Int. #0814-2012 (the "new Local Law"), which amends the New York City Human Rights Law ("NYCHRL") to prohibit discrimination against job applicants based on their...more

3/15/2013 - Discrimination Hiring & Firing Unemployment Discrimination

New Pay Discrimination Directive Issued by the Office of Federal Contract Compliance Programs (“OFCCP”)

On February 26, 2013, OFCCP announced the rescission of two guidance documents on pay discrimination issued in 2006: Interpreting Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation...more

3/4/2013 - Contractors Discrimination OFCCP Title VII Wages

The FMLA – What's New as of its 20th Birthday

The 1993 Family and Medical Leave Act ("FMLA" or the "Act") turned 20 in 2013. To mark its 20th birthday, the U.S. Department of Labor released the 2012 FMLA Survey Report and issued a final rule implementing important...more

2/13/2013 - AFCTCA Airline Employees Flight Crews FMLA Military Caregiver Leave Military Leave NDAA Paid Family Leave Insurance Program USERRA Veterans

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

2/12/2013 - Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing OFCCP Title VII Training UGESP

OFCCP Announces 2013 Agenda

On December 21, 2012, the Office of Federal Contracts Compliance Programs ("OFCCP") published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions ("Unified Agenda"), as required by Executive...more

1/24/2013 - Affirmative Action Data Collection Disability Gender Pay Equity Hiring & Firing Notice Requirements OFCCP Recruitment Policies Sex Discrimination Veterans

OFCCP Announces 2013 Agenda

On December 21, 2012, the Office of Federal Contracts Compliance Programs (“OFCCP”) published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions (“Unified Agenda”), as required by Executive...more

1/24/2013

FTC Expands FCRA Coverage to Mobile Industry – Employers Beware

The Federal Trade Commission ("FTC") recently extended the reach of the Fair Credit Reporting Act ("FCRA") to the mobile industry by means of a consent order, settling its complaint that alleged Respondents Filiquarian...more

1/23/2013 - Background Checks Choice Level LLC Criminal Background Checks FCRA Filiquarian Publishing FTC Hiring & Firing Mobile Apps

Eleventh Circuit Rules on FLSA “Nursing Mothers” Provision

On December 26, 2012, the Court of Appeals for the Eleventh Circuit issued the first decision by a federal Court of Appeals concerning the provisions of the Fair Labor Standards Act ("FLSA") that require employers to provide...more

1/16/2013 - Affordable Care Act Breastfeeding FLSA Reasonable Accommodation

New Jersey Department of Labor Proposes Rules to Implement New Pay Equality Poster and Notice Requirements

On September 19, 2012, New Jersey Governor Chris Christie signed a law requiring employers in the State of New Jersey with more than 50 employees to post and distribute notification to employees detailing "the right to be...more

1/10/2013 - Discrimination EEOC Equal Pay Gender Discrimination Gender Pay Equity Gender-Based Pay Discrimination Title VII

New Year’s Watch: CFPB’s Model FCRA Forms Take Effect

The Consumer Financial Protection Bureau (CFPB), which has taken over the responsibility of interpreting and enforcing the Fair Credit Report Act (FCRA) from the Federal Trade Commission (FTC), recently issued revised model...more

1/4/2013 - CFPB FCRA FTC Summary of Consumer Rights

NLRB Decision Sets New Rule on Confidentiality of Witness Statements

The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more

1/3/2013 - Arbitration Confidential Documents Discovery Internal Investigations NLRB Witness Statements

New Year's Watch: State Laws Take Effect to Prohibit Employers from Mandating that Job Applicants and Employees Divulge Social...

With the start of the New Year, the laws of four states (Maryland, Illinois, California, and Michigan) prohibit employers from requiring job applicants or employees to grant access to their personal password-protected social...more

1/3/2013 - Passwords Social Media

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