Todd Lebowitz

Todd Lebowitz

BakerHostetler

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New Jersey Becomes the Sixth State to Ban the Box for Private Employers

Criminal background questions on employment applications will no longer be permitted in New Jersey, effective March 1, 2015. New Jersey joins Hawaii, Illinois, Massachusetts, Minnesota, and Rhode Island to become the sixth...more

8/13/2014 - Ban the Box Criminal Background Checks Employee Rights Popular

Background Check Questions: Illinois Joins Ban-the-Box States; New Jersey May Be Next

Criminal background questions on employment applications will no longer be permitted in Illinois, effective January 1, 2015. On July 19, Governor Quinn signed the Job Opportunities for Qualified Applicants Act, making...more

8/6/2014 - Background Checks Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Pending Legislation

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a...more

7/25/2014 - Corporate Counsel Employee Definition Hospitals Insurers Liability Liability Insurance Malpractice Insurance Medical Malpractice Staffing Agencies

Illinois Joins Ban-The-Box States; New Jersey May Be Next

Criminal background questions on employment applications will no longer be permitted in Illinois, effective January 1, 2015. On July 19, Governor Quinn signed the Job Opportunities for Qualified Applicants Act, making...more

7/23/2014 - Ban the Box Criminal Background Checks Job Applicants

California Supreme Court Eases Path Toward Class Certification of Independent Contractor Misclassification Claims

In Ayala v. Antelope Valley Newspapers, Inc., the California Supreme Court set forth the legal standard for determining whether independent contractor misclassification claims can be brought on a classwide basis, or must be...more

7/2/2014 - Class Certification Employer Liability Issues Independent Contractors Misclassification News Corp Newspapers Putative Class Actions

Delivery Drivers are Employees, Not Independent Contractors, Ninth Circuit Rules

Sometimes a title tells you all you need to know. If you listen to the 1969 Pink Floyd track, “Several Species of Small Furry Animals Gathered Together in a Cave and Grooving with a Pict,” you pretty much know what you are...more

6/20/2014

Ninth Circuit Shows No Affinity for Independent Contractor Status in Delivery Drivers

Delivering another blow to the independent contractor model, the Ninth Circuit Court of Appeals held this week that furniture delivery drivers for Affinity Logistics were employees under California law, not independent...more

6/19/2014 - Choice-of-Law Delivery Drivers Employee Rights Independent Contractors Sears Trucking Industry Wage and Hour

Sixth Circuit Delivers Knockout to EEOC in Another Background Check Case

The EEOC suffered a major setback on April 9th when the Sixth Circuit Court of Appeals affirmed summary judgment in the highly watched background check case of EEOC v. Kaplan Higher Education Corporation, et al. The Sixth...more

4/17/2014 - Background Checks Criminal Background Checks Disparate Impact EEOC Racial Discrimination

Illinois Supreme Court Upholds One of the Nation’s Strictest Worker Misclassification Laws; Employers May Face Millions of Dollars...

Worker misclassification is now a bet-the-company issue. On February 21, 2004, the Illinois Supreme Court rejected a constitutional challenge to Illinois’s Employee Classification Act (the “ECA”), a law that defines...more

3/3/2014 - Contractors Employee Definition Misclassification Subcontractors

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

2/13/2014 - Adverse Employment Action Background Checks Class Action Contract Drafting Disclosure Requirements Employment Application FCRA FTC Hiring & Firing Human Resources Professionals Job Applicants Waivers Written Consent

Texas Files Suit to Strike Down EEOC Background Check Guidance

The Equal Employment Opportunity Commission (“EEOC”) usually forces employers who are subject to Title VII to play defense. The State of Texas, however, has upended that approach. On November 4, 2013, Texas filed a federal...more

11/12/2013 - Background Checks Criminal Background Checks Disparate Impact EEOC Title VII

Employee Accepted Arbitration Offer When She Continued to Work, Sixth Circuit Rules

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the...more

11/1/2013 - Arbitration Arbitration Agreements Contract Formation Opt-Outs

Staffing Agency Employee May Sue Multiple Employers for Wrongful Discharge, Federal Court Rules

Whose employee is it anyway? The answer may be everyone’s. Companies who use staffing agencies to supply workers may be considered joint employers of those workers, even if the staffing agency hires and pays the...more

9/23/2013 - General Electric Hiring & Firing Retaliation Staffing Agencies Termination

Background Check Policies Exposing Employers to Legal Liability

The Equal Employment Opportunity Commission (EEOC) continues to challenge employers' seemingly legitimate reliance on background checks as part of the hiring process....more

8/23/2013 - Criminal Background Checks Discrimination Disparate Impact EEOC Employer Liability Issues

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