Arnold Pedowitz Presented “The Use of Arrest and Conviction Records in the Workplace” at CLE Conference

On January 6th at the National CLE Conference, Partner at Pedowitz & Meister, Arnold Pedowitz, presented a paper with Gregory Sato, Partner at Kobayashi Sugita & Goda, entitled “The Use of Arrest and Conviction Records in the Workplace: Individual Rights and Employer Duties.”

In the paper, the pair argue that there is a fundamental challenge to the use of criminal records as a workplace selection tool. This conflict, they argue, lies between the importance of non-discriminatory hiring, especially in states which have passed laws prohibiting such, and negligent hiring, which opens up companies to lawsuits. The paper provides an overview of negligent hiring and Title VII guidance, discussing in particular the Guidance's three-factor test, before taking a more detailed look on a state by state basis, including how states view negligent hiring, arrest and conviction records, and the case law. States included are California, Colorado, Georgia, Hawaii, Illinois and New York. 

The two find that a balanced approach is necessary, but because of liability issues, businesses must be allowed some leeway in looking at conviction records if there is a connection between the job and the criminal conduct, If not, they argue, the conviction record should not matter. 

To read the paper, go here

Marisa Warren Sternstein to Speak at Upcoming Symposium

On Wednesday, February 15th, Marisa Warren Sternstein is scheduled to speak at the TSI Symposium - Working Knowledge: Managing Employee Trade Secrets, held at Brooklyn Law School.

She will be appearing on a panel discussion entitled "Trusted Colleagues or Enemies Within? Employees and Trade Secrets" alongside colleagues in the field.

About the Symposium
Protecting intellectual assets and human capital are critical in the information economy. The role of noncompete and trade secret law has never been more central—or more challenging. Please join us for a two-part discussion of trade secrets in the context of employment. Experts from government and private practice will examine employee mobility and noncompete agreements as well as data security, insider hacking, and social media.
 
Panel I: Noncompete Agreements: Reactions and Reform
Noncompete law has reached a tipping point. As noncompete agreements have spread to low-wage and professional employment alike, states and the federal government have begun to push back. State Attorneys General have intervened to contest the fairness of restrictions on employee mobility, while legislatures have moved toward reform and the White House has issued a “call to action.” This panel will consider the changing practice and policy of noncompetes today.
 
Panel II: Trusted Colleagues or Enemies Within? Employees and Trade Secrets
Managing information in the hands of employees is one of the central challenges faced by firms. Data vulnerabilities can arise from unintentional employee behavior (via phishing attacks) or through deliberate insider hacking. Whistleblower protections and employee social media complicate knowledge management even further. This panel will discuss how organizations can protect and enforce their interests in information.

For more information or to register for free, visit the site here.