Job Applicants

Employment And Labor Law Alert: Minnesota "Bans The Box"

by Christina Sans | Leonard, Street and Deinard on 5/16/2013

On Monday, Governor Dayton signed the Criminal Background Check Act (S.F. No. 523) into law in Minnesota, restricting the circumstances under which employers may request information regarding an applicant's arrests or...more

Germany: Have Rejected Job Applicants the Right to Know the Reasons for Not Getting the Job

by Anne Diedrich, Arno Frings, Lutz Hoheisel | Orrick - Global Employment Law Group on 5/15/2013

Recently, the German Federal Labor Court (Bundesarbeitsgericht “BAG”) rendered a decision which had been awaited with interest by German employers (BAG, April 25, 2013 – 8 AZR 287/08) with regard to information rights of...more

Legal Job Market: Not As Bad As You Think? [Video]

by Bloomberg Law on 5/13/2013

May 13 (Bloomberg) — Turns out Case Western Reserve University School of Law Dean Lawrence Mitchell may have been right. In January, he told us that the ABA and National Association for Law Placement look at jobs data on...more

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

by Jessica Goldenberg | Proskauer - Privacy & Data Security on 5/9/2013

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more

Employment Law in the News: Paid Sick Leave in NYC, Social Media in NJ, Mandatory NLRB Posters

by Julie Levinson Werner | Lowenstein Sandler LLP on 5/9/2013

Mandatory Sick Leave Coming to New York City - Businesses with 20 or more employees will be required to provide paid sick time to their workers, if legislation before the New York City Council is passed. Although Mayor...more

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more

Collateral Damage: Job Hunting with a Criminal Record

by Raiser & Kenniff, PC on 5/7/2013

The National Employment Law Project — a non-profit organization and advocacy group — estimates 65 million Americans have a criminal record. Some 700,000 people are released from state and federal prisons annually. When the...more

Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects...

by Philip Gordon, William Simmons, Amber Spataro | Littler on 5/3/2013

Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more

Termination For Failure To Admit Prior Drug Addiction Does Not Violate ADA

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 5/2/2013

An employer that terminated an employee for concealing his prior drug addiction on a job application to be a security guard did not violate the Americans with Disabilities Act (ADA), the 3rd Circuit Court of Appeals has...more

Texas Leg Watch 2013: Banning Employers From Demanding Social Media Passwords Bill To Hit House Floor Tomorrow

by Travis Crabtree | Looper Reed & McGraw, P.C. on 4/30/2013

As part of our continuing coverage of the Texas Legislature Watch (they only meet every other year in Texas), we look at the bill that would prohibit employers from demanding passwords or other access to the social media...more

Three More States Hop on the Social Media Legislation Bandwagon

by Allison Riechert Giese, Jessica Perry, Devin Slack | Orrick - Global Employment Law Group on 4/30/2013

Act 1480, signed by Governor Mike Beebe on April 22, 2013, prohibits an Arkansas employer from requiring or requesting a current or prospective employee to (1) disclose his or her username or password for a personal social...more

Colorado is the Latest and Ninth State to Enact Legislation Restricting the Use of Credit Reports for Employment Purposes

by Rod Fliegel, Philip Gordon, Jennifer Mora | Littler on 4/29/2013

On April 19, 2013, Colorado Governor John W. Hickenlooper signed into law Senate Bill 13-018 (the "Employment Opportunity Act"), which will significantly restrict the ability of Colorado employers to use “consumer credit...more

Utah Enacts Internet Employment Privacy Law

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 4/25/2013

Utah has joined California, Illinois, Maryland and Michigan in enacting legislation to protect the online privacy of employees and/or job applicants....more

Episode 94 – Michele McGeoy Discusses Solar Richmond April 24, 2013

by Bill Acevedo | Wendel, Rosen, Black & Dean LLP on 4/25/2013

In Episode 94 of The Wendel Forum (originally aired on March 30, 2013, on 960 KNEW AM radio), show moderator Bill Acevedo, chair of Wendel Rosen’s sustainable business practice group, welcomes Michele McGeoy, founder and...more

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

by Katharine Parker, Daniel Saperstein | Proskauer Rose LLP on 4/24/2013

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

New Mexico Passes Social Media Privacy Act

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 4/24/2013

New Mexico has joined California, Illinois, Maryland, Michigan and Utah in enacting legislation to protect the online privacy of job applicants....more

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

by Fredric Leffler, Lawrence Lorber, Marc Mandelman, Katharine Parker, Daniel Saperstein, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 4/16/2013

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

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

by Katharine Parker, Daniel Saperstein | Proskauer Rose LLP on 4/11/2013

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

New York City Passes Bill Treating the Unemployed as a Protected Class

by Lisa Lupion, Joshua Vaughn, Michael Weil | Orrick - Global Employment Law Group on 4/11/2013

New York City has amended its Administrative Code to create a new protected class of workers. Beginning in June 2013, the New York City Administrative Code will prohibit discrimination based on an individual’s unemployment...more

New York City’s New Far-Reaching "Unemployment" Discrimination Law

by Edward Frischling, Michael Starr | Holland & Knight LLP on 4/11/2013

On June 11, 2013, New York City will join New Jersey, Oregon and Washington D.C. as one of the few jurisdictions with legislation prohibiting discrimination against unemployed job applicants. Passed by the New York City...more

Dishonest Response on an Initial Application Can Come Back to Haunt an Employee

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/10/2013

In a non-precedential opinion, the Third Circuit Court of Appeals recently upheld a hospital’s firing of a security guard who had admitted that he was a recovering drug addict. Because that firing was based upon the fact that...more

Broad Social Media Privacy Bill Reaches New Jersey Governor’s Desk

by Mark Diana, Evan J. Shenkman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/5/2013

On March 21, 2013, a broadly-worded social media privacy bill (A2878) received final legislative approval, and now awaits action by Governor Chris Christie. As discussed in several prior issues, this bill would bar an...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Employers Beware: Requiring Access to Employees’ Social Media Is Now Illegal

by W. George Wailes | Carr, McClellan, Ingersoll, Thompson & Horn -... on 4/3/2013

New Labor Code section 980, effective January 1, 2013, generally precludes employers from requiring or asking employees or job applicants to disclose their user names or passwords, or to provide access to, or divulge...more

Utah Legislature Passes Internet Employment Privacy Law

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 4/3/2013

Utah may be the next state to join the ranks of California, Illinois, Maryland and Michigan in prohibiting employers from requesting or requiring employees or job applicants to disclose their personal internet and social...more

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Employment And Labor Law Alert: Minnesota "Bans The Box"

Germany: Have Rejected Job Applicants the Right to Know the Reasons for Not Getting the Job

Legal Job Market: Not As Bad As You Think? [Video]

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

Employment Law in the News: Paid Sick Leave in NYC, Social Media in NJ, Mandatory NLRB Posters

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

Collateral Damage: Job Hunting with a Criminal Record

Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects...

Termination For Failure To Admit Prior Drug Addiction Does Not Violate ADA

Texas Leg Watch 2013: Banning Employers From Demanding Social Media Passwords Bill To Hit House Floor Tomorrow

Three More States Hop on the Social Media Legislation Bandwagon

Colorado is the Latest and Ninth State to Enact Legislation Restricting the Use of Credit Reports for Employment Purposes

Utah Enacts Internet Employment Privacy Law

Episode 94 – Michele McGeoy Discusses Solar Richmond April 24, 2013

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

New Mexico Passes Social Media Privacy Act

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

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

New York City Passes Bill Treating the Unemployed as a Protected Class

New York City’s New Far-Reaching "Unemployment" Discrimination Law

Dishonest Response on an Initial Application Can Come Back to Haunt an Employee

Broad Social Media Privacy Bill Reaches New Jersey Governor’s Desk

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

Employers Beware: Requiring Access to Employees’ Social Media Is Now Illegal

Utah Legislature Passes Internet Employment Privacy Law

Legal Job Market: Not As Bad As You Think? [Video]

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