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Colorado Ninth State to prohibit credit checks for employment purposes

Proskauer Rose LLP
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USA
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April 23 2013

On April 19, 2013, Colorado's governor signed S.B. 18 to prohibit employers from considering an applicant's or employee's credit history in

OFCCP directive adopts EEOC Guidance and outlines new procedures and existing legal obligations regarding criminal background checks

Proskauer Rose LLP
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USA
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February 11 2013

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC"

Eleventh Circuit rules on FLSA “nursing mothers” provision

Proskauer Rose LLP
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USA
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January 16 2013

On December 26, 2012, the Court of Appeals for the Eleventh Circuit issued the first decision by a federal Court of Appeals concerning the provisions

Second Circuit narrowly reads FLSA exemptions in Novartis ruling

Proskauer Rose LLP
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USA
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July 27 2010

The U.S. Court of Appeals for the Second Circuit issued a significant and potentially far-reaching decision, recently, when it held that Novartis’ pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”) and related New York and California laws

U.S. Supreme Court unanimously overturns Ninth Circuit, finding employer's review of personal text messages reasonable

Proskauer Rose LLP
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USA
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June 17 2010

Today, in a decision authored by Justice Anthony Kennedy, the U.S. Supreme Court unanimously overturned a decision by the U.S. Court of Appeals for the Ninth Circuit in a case involving an employee’s assertion that a government employer had violated the Fourth Amendment by unreasonably obtaining and reviewing personal text messages sent and received on employer-issued pagers

New York courts are likely to defer to NYSDOL opinion letter prohibiting deductions for wage overpayments

Proskauer Rose LLP
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USA
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June 2 2010

In a recently published Opinion Letter (RO-09-0152), the New York State Department of Labor (NYSDOL) stated its position that where an employee is accidentally overpaid, a New York employer is prohibited from recouping the overpayment by making deductions from the employee's paychecks (even if authorized by the employee) or requiring the employee to repay the money by separate transaction

U.S. Supreme Court unanimous in verdict against Chicago

Proskauer Rose LLP
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USA
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May 24 2010

In a unanimous decision authored by Justice Antonin Scalia, the U.S. Supreme Court issued a blow to the city of Chicago in a case involving the timeliness of a disparate impact claim brought by minority applicants who challenged the City's use of a hiring list generated from an entrance exam for firefighters

FLSA suits in healthcare highlight payroll practice issues

Proskauer Rose LLP
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USA
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April 13 2010

A number of plaintiffs' law firms have set up websites devoted to hospital overtime and class action lawsuits, and at least one firm has sent personalized letters to employees of no less than 20 hospitals in the New York City area alone, asking for consent to file wage-hour actions on their behalf

Supreme Court to consider whether background checks violate privacy rights of government contract employees

Proskauer Rose LLP
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USA
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March 30 2010

On March 8, 2010, the United States Supreme Court granted certiorari in NASA v. Nelson, agreeing to consider whether the National Aeronautics and Space Administration violated the constitutional rights of certain contract employees in non-sensitive positions by conducting extensive background checks on them

Administrative vs. productionsales work

Proskauer Rose LLP
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USA
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February 24 2010

In Whalen, the Second Circuit ruled that a former loan underwriter for J.P. Morgan Chase & Co. (“Chase”) was not exempt from overtime pay as an Administrative employee because his primary duty selling loan products under detailed directions provided by Chase and at Chase’s offices involved production, not administrative work

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