Katharine Parker

Katharine Parker

Proskauer Rose LLP

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New Guidance on “Use It or Lose It” Vacation Policies in Colorado: What Is “Earned” Cannot Be Forfeited

The Colorado Wage Protection Act, which amended the existing Colorado Wage Act, § 8-4-101, et seq., governs payment of wages for work performed in Colorado. The Act became effective on January 1, 2015, and is enforced by the...more

12/31/2015 - Contract Terms Employment Policies Vacation Pay Wage and Hour

Ban the Box Update Round Up: Portland, Philadelphia and New Jersey

The past several weeks have seen a flurry of “ban the box” developments, including: ..The passage of a law in Portland, Oregon banning the box for private employers; ..The passage of amendments expanding the ban the...more

12/28/2015 - Ban the Box Conditional Job Offers Criminal Background Checks Hiring & Firing New Legislation

Federal Court Decision Highlights Complexities of Laws Applicable to Pregnant Employees

As the laws governing the treatment of pregnant employees and new mothers continues to evolve, one recent decision from the United States District Court for the Northern District Alabama highlights the complexities that arise...more

12/24/2015 - Corporate Counsel Disparate Treatment FLSA FMLA Hostile Environment Police Pregnancy Discrimination Reasonable Accommodation Title VII

2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds

Proskauer has released the 2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds. The 88-page report is a summary of significant legal changes and developments in the private funds space...more

11/25/2015 - China Cybersecurity EU Gift Tax Hedge Funds Hong Kong Internships Popular Private Equity Private Funds Registered Investment Advisors SEC UK Volcker Rule Whistleblowers

Jersey City, New Jersey Expands Paid Sick Leave

The Jersey City Council voted to expand the scope of the City’s existing sick leave ordinance on October 29, 2015. Under the Ordinance as amended, employers with less than 10 employees now will be required to provide...more

11/2/2015 - Amended Legislation Collective Bargaining Agreements (CBA) Employee Rights Employer Liability Issues Local Ordinance Paid Leave Penalties Sick Leave Small Business Unions Unpaid Leave

NYCCHR Publishes Pre-Adverse Action Form

New York City’s new Fair Chance Act goes into effect this Tuesday (October 27, 2015). As discussed in our prior posts, New York employers have long been required – prior to taking adverse action on the basis of an...more

10/26/2015 - Adverse Employment Action Background Checks Criminal Background Checks Criminal Records Employer Liability Issues Fair Chance Act Hiring & Firing Job Applicants New Legislation Notice Requirements NYCCHR Sufficient Nexus

Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed...more

10/23/2015 - Absenteeism Employee Rights Employer Liability Issues First Impression FMLA Hiring & Firing Leave of Absence Statute of Limitations Termination

Transgender Individuals to Gain Protection under New York State Law

On October 22, 2015, at the Pride Agenda Dinner, Governor Cuomo announced that he plans to extend protections against discrimination in employment, housing and public accommodations to transgender individuals. The New York...more

10/23/2015 - Anti-Discrimination Policies Anti-Harassment Policies Discrimination Employment Discrimination Governor Cuomo Harassment Housing Discrimination NYCHRL Protected Class Public Accommodation Transgender

Pittsburgh’s New Sick Leave Ordinance Challenged in State Court

In August, the City of Pittsburgh, Pennsylvania passed an ordinance that will require most employers to provide workers with paid or unpaid sick time. Pittsburgh follows the lead of Philadelphia, which approved a similar...more

9/30/2015 - Accrual Requirements Carryover Basis Employee Rights Employer Liability Issues Local Ordinance New Legislation Policies and Procedures PTO Sick Leave Wage and Hour

Women in the Workplace

Employers interested in attracting and retaining women and promoting greater gender diversity in their executive ranks will be interested in the Wall Street Journal’s Special Report on Women in the Workplace. The Report...more

9/30/2015 - Bias C-Suite Executives Diversity Diversity and Inclusion Standards (D&I) EEOC Equal Opportunities Gender Discrimination Gender Equity Gender-Based Pay Discrimination Hiring & Firing Job Promotions Women's Rights

NYC Commission on Human Rights Explains New NYC Background Check Laws

We were pleased to host a program on September 28, 2015 on New York City’s two new background check laws, the Stop Credit Discrimination in Employment Act and the Fair Chance Act. Paul Keefe, Supervising Attorney at the NYC...more

9/29/2015 - Adverse Action Background Checks Commission on Human Rights Conditional Job Offers Credit Checks Credit Discrimination Criminal Background Checks Criminal Records Disclosure Requirements Employer Liability Issues Exceptions Exemptions FCRA Hiring & Firing Job Ads Job Applicants New Legislation Notice and Comment

NYCCHR Issues Guidance on Credit Check Law

The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect September 3, 2015 and modified the...more

9/4/2015 - Background Checks C-Suite Executives Civil Monetary Penalty Credit Checks Credit Discrimination Credit History Employee Credit Checks Exemptions FINRA Hiring & Firing Job Applicants Mortgage Loan Originators New Guidance Notice Requirements NYCHRL Recordkeeping Requirements Remedies Trade Secrets

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

9/3/2015 - ADA Anti-Harassment Policies Criminal Background Checks Criminal Records Disability Discrimination Discrimination EAP Employer Liability Issues Harassment Hiring & Firing Mental Illness OSHA Policies and Procedures Workplace Hazards Workplace Safety Workplace Violence

Maine Enacts Social Media Protections for Applicants and Employees

Effective as of October 15, 2015, employers in Maine will be restricted in their ability to access the personal social media accounts of applicants and employees. Specifically, under the new law, an employer may not...more

8/18/2015 - Employee Privacy Rights Employer Liability Issues Job Applicants New Legislation Popular Social Media Social Media Policy

Delaware Adds to Growing Patchwork of Social Media Laws

On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees. The new law, which also took effect on...more

8/11/2015 - Employee Privacy Rights Governor Markell Hiring & Firing Job Applicants New Legislation Popular Social Media Social Media Policy Social Networks

Latest EEOC Discrimination Suit Targets Employment Exam

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

8/4/2015 - Discrimination Disparate Impact Disparate Treatment EEOC Employee Training Hiring & Firing Popular Race Discrimination Screening Procedures Title VII

Connecticut Takes Next Steps Toward Implementing Paid Family and Medical Leave

In a recently enacted budget measure, Connecticut has moved one step closer to implementing statewide paid family and medical leave for employees. However, details about funding and the extent of coverage that any ultimately...more

7/16/2015 - Claims Processing Systems Employee Benefits Employee Contributions Labor Commissioners Medical Leave New Legislation Paid Leave Parental Leave Payroll Deductions Sick Leave Sick Pay State Funding

Georgia Enacts “Mini”-FCRA

For more than four decades, the federal Fair Credit Reporting Act (“FCRA”) has regulated consumer reporting agencies (“CRAs”) that furnish consumer reports (i.e., background checks) to third parties such as employers. Over...more

7/6/2015 - Background Checks CRA Criminal Background Checks Employee Rights Employer Liability Issues FCRA Hiring & Firing New Legislation

EEOC Updates Pregnancy Discrimination Guidance

Last week, the EEOC announced an update to its Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Enforcement Guidance”) to reflect the Supreme Court’s recent decision in Young v. UPS. As we blogged...more

7/1/2015 - EEOC Enforcement Guidance PDA Pregnancy Discrimination Reasonable Accommodation Young v United Parcel Service

NYC Mayor Signs “Ban the Box” Law

On June 29th, Mayor Bill DeBlasio signed a bill (Int. No. 318) that amends the New York City Human Rights Law (“NYCHRL”) to further restrict employers (with four or more employees) from inquiring into or otherwise considering...more

6/30/2015 - Ban the Box Conditional Job Offers Criminal Background Checks Hiring & Firing New Legislation NYCHRL

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 - Background Checks Consumer Reporting Agencies Criminal Background Checks Criminal Records 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

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