Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more
12/6/2023
/ Background Checks ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
New York ,
Sealed Records ,
State and Local Government
Seyfarth Synopsis: Four days before enforcement of New York City Local Law 144 (“Local Law 144”) is set to begin, the Department of Consumer and Worker Protection (“DCWP”) published FAQ guidance governing the use of Automated...more
Seyfarth Synopsis: On May 22, 2023, New York City’s Department of Consumer and Worker Protection (“DCWP”) held an educational roundtable with business advocates and employers to discuss the final rules implementing New York...more
Seyfarth Synopsis: Earlier today, New York City’s Department of Consumer and Workplace Protection (“DCWP”) released the highly anticipated final rules implementing New York City Local Law 144 of 2021 (“Local Law 144”), which...more
Seyfarth Synopsis: New York City's Department of Consumer & Worker Protection ("DCWP") revised its proposed rules in light of comments and testimony it received in response to the initial proposed rules implementing Local Law...more
Seyfarth Synopsis: New York City’s Department of Consumer & Worker Protection (“DCWP”) recently published a December update on its website indicating that due to the volume of comments it received in response to the proposed...more
Seyfarth Synopsis: On November 4, 2022, New York City’s Department of Consumer & Worker Protection (“DCWP”) held a public hearing on its proposed rules implementing Local Law 144 of 2021 (“LL 144”). LL 144, which regulates...more
Seyfarth Synopsis: On October 24, 2022, New York City’s Department of Consumer & Worker Protection (“DCWP”) postponed its hearing scheduled for the same day regarding DCWP’s proposed rules regulating Local Law 144 of 2021...more
Seyfarth Synopsis: On September 23, 2022, New York City’s Department of Consumer and Workplace Protection (“DCWP”) released the highly anticipated proposed rules implementing Local Law Int. No. 1894-A, which regulates the use...more
Seyfarth Synopsis: The New York City’s Fair Chance Act amendments are scheduled to go into effect on July 29, 2021, after bill Introduction No. 1314-A became law on January 10, 2021. Among other things, the amendments expand...more
UPDATE: On January 21, 2020, the Governor of New Jersey signed Senate Bill 3170 into law, pushing state law far past the corresponding federal requirements of the WARN Act. Governor Phil Murphy issued an omnibus press release...more
1/24/2020
/ Employer Liability Issues ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
New Legislation ,
Notice Requirements ,
Part-Time Employees ,
Penalties ,
Regulatory Requirements ,
Regulatory Standards ,
Severance Agreements ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Seyfarth Synopsis: On Monday, January 13, 2020, the New Jersey state legislature passed Senate Bill 3170 which, if signed by the Governor, would result in sweeping changes to what was once a mass layoff notification statute...more
1/20/2020
/ Employer Liability Issues ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
New Legislation ,
Notice Requirements ,
Part-Time Employees ,
Penalties ,
Regulatory Standards ,
Severance Agreements ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Seyfarth Synopsis: The New Jersey bill that aims to push gig-economy workers and other independent contractors into the definition of “employees” was briefly paused at the end of the prior legislative session, but is expected...more
1/16/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Lame Duck Session ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: New Jersey Has Joined California and New York as the Third State to Formally Amend Its Anti-Discrimination Laws to Include Hairstyle Discrimination as a Form of Race-Based Discrimination. This Law is...more
Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has...more
Seyfarth Synopsis: On May 3, 2018, Governor Phil Murphy signed an Executive Order establishing the Task Force on Employee Misclassification, which is effective immediately. ...more
5/4/2018
/ Employee Definition ,
Employer Liability Issues ,
Executive Orders ,
Federal Agency Taskforce ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more
2/12/2018
/ CEPA ,
Common Law Claims ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Retaliation ,
Summary Judgment ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Seyfarth Synopsis: New Jersey’s Appellate Division upheld summary judgment dismissing a claim of whistleblower retaliation under the Conscientious Employee Protection Act (“CEPA”), finding that plaintiff, an unpaid volunteer...more
Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo, Inc. under the Fair Credit Reporting Act alleged sufficient injury to establish standing to proceed in...more
Seyfarth Synopsis: On August 5, 2017, the Final Rules and Regulations for the New York City Fair Chance Act (the “FCA”) go into effect. The FCA, which is enforced by the New York City Commission on Human Rights (the...more
Seyfarth Synopsis: In recent years, numerous cities and counties have enacted ordinances restricting the ability of public and private employers to inquire into the criminal histories of applicants during various stages of...more
7/24/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation
Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more
5/26/2017
/ Arbitration ,
Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Discrimination ,
Employment Litigation ,
Grievance Process ,
Hiring & Firing ,
Labor Management Relations Act (LMRA) ,
Medical Examinations ,
Preemption ,
Retaliation ,
Section 301 ,
Trucking Industry ,
Unions ,
Workplace Injury
Seyfarth Synopsis: On May 4, 2017, New York’s highest court, the Court of Appeals, held that the New York State Human Rights Law (“NYSHRL”) prohibits employers from discriminating on the basis of criminal conviction history....more
Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more
3/10/2017
/ Appeals ,
Back Pay ,
CEPA ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
NLRA ,
Retaliation ,
SAFE Act ,
Unemployment Benefits
Seyfarth Synopsis: The City of Los Angeles recently issued its Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the...more
2/22/2017
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Exceptions ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
Record Retention