Hiring & Firing

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

Life After Browning-Ferris: What Employers Need to Know Under the New Joint Employer Regime

Many employers have rested long and easy in the knowledge that the National Labor Relations Board would not consider them to be joint employers with entities such as franchisees, staffing agencies, and contractors unless they...more

Hiring In Compliance, Part II – Candidate Sourcing

This week I am presenting a series on hiring in the compliance industry based on interviews I did with Maurice Gilbert, the Managing Partner at Conselium Partners LP. These interviews will be broadcasted on my podcast site,...more

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more

NLRB: When the Law is Not the Law – A Huge Change in Business Relationships

The National Labor Relations Board (NLRB) in a 3-2 decision last Thursday gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships in a case involving Browning-Ferris...more

Discrimination by Association: It’s Illegal.

You may have heard of guilt by association before, but what about discrimination by association? Everyone knows that an employer cannot discriminate on the basis of an employee’s disability, but what if the employee has a...more

Last Minute Write-Up Has Unintended Negative Legal Results

Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more

Results of Valorem Survey of In-House Counsel on Hiring Priorities

Valorem Law Group recently surveyed in-house counsel. A huge thank-you to the 42 in-house lawyers who responded. The question we asked was: Here are the results: When making a decision to hire a law firm to handle a...more

Hiring In Compliance – Part I: Developing the Job Profile and Criteria

A couple of weeks ago, I had a guest post from Maurice Gilbert, the Managing Partner at Conselium Partners LP entitled “Why is it so hard to hire compliance practitioners?”. There were many questions posed to me based upon...more

Anti-Arbitration Bill Approved by California Legislature

On August 27, 2015, the California Assembly approved AB 465. The bill, which was approved by the California Senate on August 24, would prohibit California employers from requiring most individuals to enter into arbitration...more

NLRB Adopts New Joint Employer Standard

The National Labor Relations Board (NLRB) handed organized labor a major victory that in certain contexts will likely give unions significantly increased leverage at the bargaining table in a landmark ruling issued on...more

The New L-1B Adjudications Policy, Effective August 31

The recently issued U.S. Citizenship and Immigration Services (USCIS) final policy memorandum on L-1B visas clarifies the requirements for a sponsoring multinational organization transferring international personnel to the...more

Everything Old is New Again: NLRB’s Decision “Restates” Joint Employer Standard

In a landmark ruling yesterday, the National Labor Relations Board (the Board) dramatically revised its standard for determining when two businesses constitute “joint employers” for purposes of collective bargaining and...more

NLRB Adopts New Broader Joint-Employer Standard

On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer...more

NLRB Blows Up Staffing Agency Model: Rewrites Joint-Employer Test

Boom! In a 3-2 decision, the National Labor Relations Board spontaneously redefined joint employment in a way that threatens to turn almost every company that works with a staffing agency into a joint employer for collective...more

Virginia Shooting Raises Questions About Background Checks

First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people. It is difficult, if not impossible, to predict when an employee will snap, or whether an...more

Calculating the Incalculable: Reputational Damage (Part I of III)

Today I am beginning a three-part series on reputational damage. The first part tries to define the term “reputational damage;” the second part focuses on managing threats to a company’s reputation and the final posting...more

FCRA Tip: Keep Hands On

A federal trial court will conduct a trial on a Fair Credit Reporting Act claim because the employer streamlined its background check system. In this case, a bank used a third party service provider to conduct background...more

NLRB Vastly Expands Its Joint-Employer Standard

The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers,...more

Your Oregon Legislature in Action - Employers Face Statewide Sick Leave, “Ban the Box” and More

An onslaught of bills affecting employers were introduced during the 2015 legislative session. Much of the Legislature’s time was spent crafting a statewide sick leave bill with the result that many of the proposed bills...more

Getting Releases Right

There are times when it makes sense to resolve an actual or potential employment law claim by paying something and getting a release from the employee. Paying severance in return for a release and waiver of claims isn’t...more

“You quit!” “No I Didn’t, I’m Sick!”

In Betts v. IBM Canada Ltd., the Court was faced with a dispute between Mr. Betts, who claimed he was legitimately absent from his employment due to illness, and his employer IBM, which claimed that Mr. Betts effectively...more

Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the...more

New York City’s New Discrimination Law Banning Credit Checks on Employees to Go into Effect Soon

New York City’s credit discrimination law (New Credit Law) becomes effective September 3, 2015. The New Credit Law, which modifies New York City’s Human Rights Law, prohibits employers with four or more employees in New York...more

5 Workplace Safety Tips to Protect Employees from Violent Co-Workers (While Complying with Employment Laws)

According to the Occupational Safety & Health Administration (OSHA), homicide is the fourth-leading cause of fatal occupational injuries in the United States. This article gives employers practical advice aimed at keeping the...more

What is going on with STEM OPT?

A recent federal court ruling has created uncertainty and speculation about the STEM OPT program. This summary is provided to inform employers and F-1 STEM students of the facts about the effect of this decision....more

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