Employment Law This Week®: Washington State “Bans the Box,” New NYCHRL Standard, Union Election Rule, The Weinstein Company

by Epstein Becker & Green
We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode!

This week’s stories include ...

(1) Washington State See more +

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode!

This week’s stories include ...

(1) Washington State Adopts “Ban the Box” Legislation

Our top story: Washington State “bans the box.” With the governor's signature, Washington becomes the 11th state to extend background check reform to private employers. The state’s Fair Chance Act (“FCA”) prohibits employers from obtaining criminal background check information until after the applicant has met basic qualifications for a job. The FCA also prevents employers from automatically excluding applicants with a criminal record. Thirty-one states and more than 150 cities and counties nationwide have now adopted similar “ban the box” legislation for either public or private employers. Katrina Walasik, from Epstein Becker Green, has more:

“Instead of viewing ‘ban the box’ legislation as a hindrance, employers should use this as an opportunity to conduct their due diligence and ensure that the job descriptions for the positions for which they are hiring completely and accurately describe the duties and responsibilities required of that position. Through the implementation of ‘ban the box’ legislation, these job descriptions will become increasingly important in determining whether or not an applicant is, in fact, qualified for the position before an employer actually takes a look at their criminal histories. Additionally, it is significant for an employer to have accurate job descriptions for a variety of legal reasons.”

(2) Circuit Court Vacates Decision Based on New NYCHRL Standard

There is a new lower standard for punitive damages under the New York City Human Rights Law (“NYCHRL”). The U.S. Court of Appeals for the Second Circuit held that the legal standard for awarding punitive damages under the NYCHRL is more liberal than the federal standard under Title VII of the Civil Rights Act of 1964. The Second Circuit applied a ruling from New York State’s highest court on a certified question. The district court in this case had instructed the jury to apply the federal standard. The Second Circuit remanded the case for a determination based on the new standard under the New York City law.

(3) NLRB Extends Deadline for Comments on Union Election Rule

The National Labor Relations Board (“Board”) has once again extended the deadline for comments on the so-called “ambush election rule,” adopted in 2014. Employers now have until April 28 to submit feedback. The Board is seeking data and comments and may consider whether the amended rule should be modified, rescinded, or left as is. The Board first announced that it would solicit public comments in December, when Republicans made up the Board majority. Earlier this month, a Senate committee approved President Trump’s nomination of management lawyer John Ring to the Board. His confirmation by the full Senate would return the Board to a 3-2 Republican majority.

(4) Harassment Allegations Bring Down The Weinstein Company

In February, New York Attorney General Eric Schneiderman filed a civil rights lawsuit against Harvey Weinstein and his company. This came amidst similar lawsuits that accused the company of aiding and abetting Weinstein’s behavior. The lawsuits and related accusations caused a group of investors who were interested in buying the company to pull out. On March 19, the company filed for bankruptcy protection and released anyone “who suffered or witnessed any form of sexual misconduct by Harvey Weinstein” from nondisclosure agreements.

(5) Tip of the Week

Diane DiResta, President of DiResta Communications, Inc., shares some tips for "getting to the point" in communications:

“When you get to the point, you increase your credibility and your clarity. When you have more credibility, when you sound like you know what you're talking about, people trust you. And when your message is clear, it gets through. So, how do you get to the point? Well, the first thing is to be prepared. Don't wing it. Secondly, have the end in mind. Start with your goal or your purpose, because when you know your purpose and you veer off, you'll be reminded of why you're there, and you'll be able to get back to the point. Now, for those of you who use PowerPoint, here's an exercise I use with my clients. For every slide, summarize it in one sentence. And if you can't do that, I know that you're not clear about the message. ..."

Watch the show and subscribe for notifications: EmploymentLawThisWeek.com See less -


Other MultiMedia by Epstein Becker & Green

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.