Susan Gross Sholinsky

Susan Gross Sholinsky

Epstein Becker Green

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Connecticut Becomes the Ninth State to “Ban the Box”

On June 1, 2016, Connecticut Governor Dannel Malloy signed Public Act No. 16-83, “An Act Concerning Fair Chance Employment” (“Act”), making Connecticut the ninth state—after Hawaii, Illinois, Massachusetts, Minnesota, New...more

7/18/2016 - Ban the Box Criminal Background Checks Employment Application Governor Malloy Hiring & Firing Job Applicants New Regulations

Strategies for Complying with the Notice Provisions of the Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which amends the Economic Espionage Act of 1996 to provide a federal cause of action to private companies for trade secret...more

5/27/2016 - Anti-Retaliation Provisions Contract Terms Defend Trade Secrets Act (DTSA) Employment Contract Statutory Immunity Whistleblower Protection Policies

Vermont Becomes Fifth State to Enact Paid Sick Leave

On March 9, 2016, Vermont Governor Peter Shumlin signed into law bill H. 187 (“Act”), which will require Vermont employers to provide paid sick leave beginning on January 1, 2017. Vermont has become the fifth state (after...more

4/22/2016 - Anti-Retaliation Provisions Collective Bargaining Agreements (CBA) Governor Shumlin New Legislation Notice Requirements Paid Leave Paid Sick Leave Act Recordkeeping Requirements Sick Leave Wage and Hour

Significant Changes for Employers Doing Business in Oregon

Employers should be aware of several recent changes to various employment laws in Oregon. These laws affect how the majority of private employers in Oregon do business....more

4/19/2016 - Amended Regulation Ban the Box Non-Compete Agreements Social Media Policy Wage and Hour

New York State Will Provide Paid Family Leave and $15 Minimum Wage

On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference...more

4/6/2016 - Collective Bargaining FMLA Governor Cuomo Minimum Wage State Budgets

Newly Adopted Rules Clarify and Enforce New York City’s Earned Sick Time Act

New York City’s Department of Consumer Affairs (“DCA”), the agency tasked with enforcement of the City’s Earned Sick Time Act (“ESTA” or “Act”), published a notice of adoption of an amendment to Chapter 7 of Title 6 of the...more

3/21/2016 - Browning-Ferris Industries of California Inc. Earned Sick Time Joint Employers NLRB Staffing Agencies

New York City Publishes Proposed Rules to Amend the Fair Chance Act

On February 16, 2016, the New York City Commission on Human Rights (“Commission”) published proposed rules (“Proposed Rules”) to the City’s Fair Chance Act (“Act”). The Act controls when New York City employers can inquire...more

3/8/2016 - Corporate Counsel Criminal Background Checks Fair Chance Act Hiring & Firing NYCHRL Proposed Regulation

NYC Employers Risk New Penalties in 2016: Gender and Caregiver Discrimination, Paying Freelancers

In December 2015, New York City lawmakers introduced or approved three important legal actions that will affect the City’s employers: (1) publication of enforcement guidance on gender, gender identity, and gender expression...more

1/29/2016 - Caregivers Enforcement Guidance Gender Discrimination Independent Contractors NYCHRL

Philadelphia Updates Its “Ban the Box” Law

On December 10, 2015, Philadelphia’s Mayor, Michael A. Nutter, signed an amendment to the city’s ban-the-box legislation (“Amendment”) that places increased restrictions on employers during the hiring process....more

1/13/2016 - Amended Legislation Ban the Box Conditional Job Offers FCRA Hiring & Firing

New York Wage Deduction Rules Extended for Three Years

On October 26, 2015, Governor Andrew M. Cuomo signed into law an amendment to the New York Labor Law Section 193 (“NY Wage Deduction Law”) extending the law, which sets forth permissible deductions from wages, for another...more

11/9/2015 - Amended Regulation Governor Cuomo Wage Deductions

Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?

Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers. The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”),...more

10/30/2015 - Background Checks Ban the Box Best Management Practices Conditional Job Offers Criminal Background Checks Employee Credit Checks Employer Liability Issues Fair Chance Act FTC Hiring & Firing Job Applicants NYCHRL Popular Screening Procedures

NYC Affordable Transit Act: Employers Will Be Required to Offer Qualified Transportation Benefits in the New Year

Effective January 1, 2016, most employers with 20 or more full-time employees in New York City must offer those full-time employees the opportunity to use pre-tax earnings to purchase qualified transportation fringe benefits...more

10/5/2015 - Best Practices Commuting Employee Benefits Fringe Benefits Full-Time Employees Mass Transit

California Legislature Passes Fair Pay Act Aimed at Closing Pay Gap Between Men and Women

Citing the pay gap between men and women in California, and noting that the gap increases for women of color, the California Legislature recently passed a bill that would prohibit employers from paying an employee at wage...more

9/18/2015 - Best Practices Fair Pay Act New Legislation Wage and Hour Wages

NYC Commission on Human Rights Issues Enforcement Guidance for Newly Effective Credit Check Law

On September 3, 2015, the amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting the use of credit checks in employment (“Credit Check Law”) became effective. On the same day, the New York City Commission on...more

9/10/2015 - Amended Regulation Background Checks Best Practices Credit History Credit Reports Enforcement Guidance FINRA Hiring & Firing NYCHRL Recordkeeping Requirements Search Engines

U.S. Department of Labor Offers New Insight on the Misclassification of Independent Contractors

As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more

7/20/2015 - Administrative Interpretation Best Practices DOL Economic Realities Test Employee Definition FLSA Independent Contractors Misclassification Proposed Regulation Right to Control

Second Circuit Adopts “Primary Beneficiary” Test to Determine Whether Interns Fall Outside the Statutory Definition of “Employee”

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit reversed a federal district court decision that had held that certain unpaid interns should have been classified and paid as employees under both the federal...more

7/8/2015

Massachusetts Issues Final Earned Sick Time Regulations—Law Becomes Effective July 1, 2015

On June 19, 2015, the Massachusetts Attorney General’s Office filed its final regulations (“Final Regulations”) to implement the Commonwealth’s Earned Sick Time law, which was enacted through a ballot vote in November 2014....more

6/29/2015 - Earned Sick Time FMLA Paid Leave Parental Leave Sick Leave

New York City Is Expected to Become the Latest Jurisdiction to “Ban the Box”

On the heels of banning credit checks for most applicants for employment in New York City, on June 10, 2015, the New York City Council passed citywide ban-the-box legislation, formally titled the “Fair Chance Act” (“Act”)....more

6/19/2015 - Ban the Box Criminal Background Checks Fair Chance Act Hiring & Firing New Legislation

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

6/15/2015 - Civil Rights Act Discrimination DOL EEOC Employee Restrooms Employee Rights Gender Discrimination Gender Identity OSHA Reasonable Accommodation Sexual Orientation Discrimination Title VII Transgender

Department of Labor Publishes Updated Family and Medical Leave Act Forms

On May 27, 2015, the Department of Labor (“DOL”) issued new model Family and Medical Leave Act (“FMLA”) notices and medical certification forms. The previously issued forms expired as of February 28, 2015, without any update...more

6/11/2015 - DOL FMLA Forms Popular Required Forms

New York City Expected to Ban the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council passed an amendment (“Amendment”) to the New York City Human Rights Law (“NYCHRL”) that, if signed into law, would make it an unlawful discriminatory practice for employers to use...more

4/25/2015 - Background Checks Credit Reports Discrimination FINRA NYCHRL Popular Proposed Amendments

Philadelphia Joins Growing List of Cities with Paid Sick Leave Laws

On February 12, 2015, the Philadelphia City Council passed the “Promoting Healthy Families and Workplaces” Ordinance (“Ordinance”), requiring private employers with 10 or more employees in the city of Philadelphia to provide...more

4/23/2015 - Employer Mandates Healthy Families Act Local Ordinance Paid Leave Sick Leave

New York Wage Theft Prevention Act Update: Annual Notice Requirement Is Removed for 2015

On December 29, 2014, Governor Andrew Cuomo signed the long-awaited amendment (“Amendment”) to the Wage Theft Prevention Act (“WTPA” or “Act”) and a chapter memorandum. Notably, the Amendment and the chapter memorandum...more

1/6/2015 - Andrew Cuomo Annual Notices Notice Requirements Wage Theft Prevention Act Wages

Protecting Your Workforce: What You Need to Know About Ebola

The Ebola virus disease (“Ebola”) has become a worldwide threat, which, among many other effects, has forced employers to think about how to protect their employees. Employers also must consider how Ebola might impact...more

11/4/2014 - CDC Ebola Safety Precautions

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