Leslie Silverman

Leslie Silverman

Proskauer Rose LLP

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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 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

New York State Amends Labor Law To Protect Child Models

On October 21, 2013, Governor Andrew M. Cuomo signed amendments to the New York Labor Law, Art. 4-A, §§ 150-154, the laws governing employment of child performers. The new law is effective on November 20, 2013, thirty (30)...more

11/21/2013 - Child Labor Compliance DOL Minors

AAA Adopts Optional Appellate Arbitration Process

The American Arbitration Association (AAA) has released new rules establishing an optional appeals process for parties involved in arbitration. Effective November 1, 2013, the Optional Appellate Arbitration Rules (Rules)...more

11/13/2013 - Appeals Arbitration Arbitration Agreements Arbitration Awards Judicial Review

Joint Standards Proposed for Assessing Diversity Policies and Practices of Dodd-Frank Covered Entities

Last month the six federal agencies ("Agencies") that are subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank" or "the Act") released jointly proposed standards for assessing the...more

11/6/2013 - Compliance Diversity Dodd-Frank Enforcement OMWI

Are You Ready for the Final Wage Deduction Rules?

The New York State Department of Labor (NYSDOL) issued final Wage Deduction regulations, effective October 9, 2013. The regulations set forth the requirements for making authorized lawful deductions from employee wages under...more

10/15/2013 - Overpayment Wage and Hour Wage Deductions Wages

OFCCP Issues Long-Awaited VEVRAA and Section 503 Final Rules

On August 27, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") released long-awaited Final Rules that substantially impact federal contractor compliance obligations under the Vietnam Era Veterans'...more

9/3/2013 - ADA Affirmative Action Disability Discrimination Discrimination FCC OFCCP Rehabilitation Act Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Rhode Island Laws Extend Paid Benefits to Caregivers

On July 11, 2013, the Governor of Rhode Island signed a new bill into law which will expand the state's temporary disability insurance program to provide wage replacement benefits to workers who take time off to care for a...more

8/7/2013 - Caregivers Disability Disability Insurance Employee Benefits Wages

Oregon’s Bereavement Leave Law Is the First of Its Kind

The Governor of Oregon recently signed a law to mandate that certain private employers provide employees with bereavement leave. The new law, which is contained in an amendment to Oregon's existing family leave statute, takes...more

7/30/2013 - Bereavement Leave Leave of Absence

Rhode Island Fourth State To “Ban the Box” for Private Employers

The Governor of Rhode Island recently signed a law to prohibit employers from asking job applicants about their criminal conviction history until the first interview....more

7/22/2013 - Arrest and Conviction Records Criminal Background Checks Employer Mandates Hiring & Firing Job Applicants

Maine Revises State FCRA to be More Consistent with Federal Law

On June 11, 2013, Maine's governor signed LD 1410 to update the state's consumer reporting law by adopting, in large part, the provisions of the federal Fair Credit Reporting Act ("FCRA")....more

7/12/2013 - FCRA Local Ordinance

New York Court of Appeals Approves Warrantless GPS Tracking of Government Employees

On June 27, 2013, a divided New York Court of Appeals held in Cunningham v. New York State Dept. of Labor, that the state can use GPS tracking to monitor its employees during working hours without a warrant....more

7/10/2013 - DOL Employee Rights Employee Tracking GPS Public Employees

Supreme Court's DOMA Decision Affects Employers' Obligations under the FMLA

On June 26, 2013, the United States Supreme Court struck down the federal law that defined "marriage" as a legal union between one man and one woman as husband and wife, and "spouse" as a person of the opposite sex who is a...more

7/9/2013 - Civil Unions DOMA Domestic Partnership Employee Benefits Employer Mandates FMLA Marriage Same-Sex Marriage US v Windsor

New York City Council Overrides Mayoral Veto To Pass the Earned Sick Time Act

On Thursday, June 27, 2013, the New York City Council again voted to pass 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...more

7/1/2013 - Local Ordinance Medical Leave Municipalities Paid Leave

New York Court of Appeals Clarifies Important Questions about Tip-sharing Statute

On June 26, 2013, New York's highest court for the first time weighed in and ruled on what types of employees are qualified to participate in tip-splitting or tip-pooling arrangements under the New York Labor Law, as well as...more

6/28/2013 - DOL Restaurant Industry Tip-Pooling Wages

Employers Cannot Access Applicant or Employee Personal Social Media Accounts, Says Nevada

On June 13, 2013, Nevada's governor signed A.B. 181 to restrict employer access to applicants' and employees' personal password-protected social media accounts, adding to the state's existing anti-discrimination statute that...more

6/27/2013 - Credit Reports Hiring & Firing Job Applicants New Legislation Passwords Social Media

Seattle Latest City to "Ban the Box" for Private Employers

On June 20, 2013, the Mayor of Seattle signed an ordinance to "ban the box" and otherwise restrict the use of arrest and conviction records in the hiring and personnel decisions of most private employers and of the City...more

6/27/2013 - Ban the Box Criminal Background Checks Hiring & Firing Job Applicants Local Ordinance Municipalities Penalties

New Texas Law Protects Employers from Negligent Hiring and Supervision Claims

On June 14, 2013, the governor of Texas signed HB 1188 to limit liability for negligent hiring and supervision of employees with criminal convictions....more

6/21/2013 - Criminal Records Hiring & Firing Negligent Hiring Negligent Supervision New Legislation

Indiana and North Carolina Limit Employer Inquiries into Criminal Records

A new Indiana law takes effect on July 1, 2013 to prohibit employers from asking about (or otherwise considering) expunged or sealed arrests and convictions. Similarly, a new North Carolina law takes effect December 1, 2013...more

6/17/2013 - Criminal Background Checks Hiring & Firing Job Applicants Sealed Records

Buffalo's "Ban the Box" Ordinance Covers Private Employers

On June 10, 2013, a new ordinance took effect in the City of Buffalo prohibiting public and private employers and City vendors from asking prospective employees about their criminal conviction history during the application...more

6/14/2013 - Ban the Box Criminal Background Checks Hiring & Firing Job Applicants Local Ordinance Municipalities Penalties

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

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