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Employer Liability Issues Job Offers

Fisher Phillips

5 Reasons You Might Rescind a Job Offer – and Top 5 Ways to Ease the Impact

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Finding the right match between a job candidate and a critical role in your organization can take time, dedication, and even a little luck – so the need to rescind an offer of employment can be difficult for you and the...more

Mitratech Holdings, Inc

[Webinar] Creating Stellar Candidate Experiences - May 19th, 2:00 pm EST

Great talent is out there, and you may be meeting them, but are you getting them to come into your organization? Lately, there’s been a struggle to actually get your chosen candidates across the finish line – and there’s a...more

Spilman Thomas & Battle, PLLC

The Employment Offer Letter: Practical Tips for Minimizing Litigation Risk

The process of selecting the right candidate for a new position involves time and resources. Extending an offer of employment is generally an exciting endeavor for both the employer and its new hire - which is why the details...more

Amundsen Davis LLC

[Live Stream Event] Hiring, Onboarding and Retention: Diversity, Compensation, Benefits and More - September 21st, 12:00 pm - 5:00...

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Join us on Wednesday, September 21 at noon for a live-stream of our Eighth Annual Labor & Employment Fall Seminar as we discuss hiring, onboarding and retention. Our attorneys will discuss everything from the initial...more

Fisher Phillips

Federal Appeals Court Sides with Employer in Job Applicant’s Background Check Suit: 3 Steps to Avoid Similar Claims

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A job applicant who didn’t disclose a felony conviction can’t sue her prospective employer under a federal background-check law for failing to provide proper notice before rescinding her offer, according to a recent decision...more

Cole Schotz

Attention New York City Employers: Guidance is Now Available for the Salary Disclosure Law and Possible Amendments May be on the...

Cole Schotz on

On March 22, 2022, the New York City Commission on Human Rights (the “Commission”) released guidance (the “Guidance”) regarding employer obligations under Int. 1208-B (the “Law”). As we previously reported, the Law requires...more

Fisher Phillips

Massachusetts Employers Must Exercise Caution: “Implicit” Domestic Violence Leave Requests Could Lead to Liability

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The highest court in Massachusetts just ruled that employers may be subject to liability under the state’s domestic violence leave law even if employees don’t explicitly request such leave, creating a potential liability trap...more

Brownstein Hyatt Farber Schreck

Have You Thought About ... Whether You Can Rescind Job Offers?

In the face of the coronavirus pandemic, many companies closed or significantly reduced operations. As they are slowly ramping back up, their staffing needs may be drastically reduced in the short-term and perhaps beyond....more

Seyfarth Shaw LLP

Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information

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Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more

Womble Bond Dickinson

Ninth Circuit Creates ‘Concise Explanation’ Standard for Background Check Disclosure Forms

Womble Bond Dickinson on

By Jason Wyman On March 20, 2020, the Ninth Circuit issued its opinion Walker v. Fred Meyer, Inc., 2020 U.S. App. LEXIS 8809 (9th Cir. Mar. 20, 2020) and created a “concise explanation” standard to judge when an employer’s...more

Hinshaw & Culbertson LLP

District Court Permits Walmart to "Rollback" Job Offer Because of Undue Hardship from a Religious Accommodation

The U.S. District Court for the Western District of Wisconsin recently addressed an employer's responsibilities to accommodate an employee's religious beliefs. In EEOC v. Walmart Stores East, LP, the court examined whether...more

Parker Poe Adams & Bernstein LLP

Employee Has Right to FMLA Leave Even if Medical Condition is Undiagnosed as of Date of Request

Qualified employees may take job-protected leave under the Family and Medical Leave Act based on their Serious Health Condition (SHC). A new decision from the Seventh Circuit Court of Appeals makes clear that the employee...more

Tucker Arensberg, P.C.

Dazed and Confused: What School Districts Should Know About Legalized Medical Marijuana

Tucker Arensberg, P.C. on

Under Pennsylvania’s Medical Marijuana Act (“MMA”), 35 Pa. C.S.A. §10231.101, et seq., individuals with certain serious medical conditions can apply for a medical marijuana card from the Pennsylvania Department of Health....more

U.S. Equal Employment Opportunity Commission...

Scribe-X Northwest to Pay $80,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Company Rejected Applicant Once It Learned She Was Pregnant, Federal Agency Charged - PORTLAND, Ore. - Portland-based medical documentation service Scribe-X Northwest will pay $80,000 and make significant changes to its...more

Genova Burns LLC

Agree v. Acknowledge: Two Recent New Jersey Arbitration Rulings Highlight the Importance of Ensuring An Employee’s Agreement to...

Genova Burns LLC on

Two recent decisions in January 2019 by the New Jersey Appellate Division, Brownlee v. Town Sports International Holdings, Inc. and Skuse v. Pfizer, Inc., illustrate the different consequences for an employer in obtaining its...more

Sheppard Mullin Richter & Hampton LLP

Hiring Personnel in New York: Dos and Don’ts – Part 2

Part II: Offer Letters and Background Checks - In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (regarding advertising and interviewing for a...more

Sheppard Mullin Richter & Hampton LLP

Hiring Personnel in New York: Dos and Don’ts – Part 1

Part I: Advertising and Interviewing - Foreign companies expanding their operations to the U.S. through New York usually handle their U.S. hiring process like the way they do back in their home country. They should not....more

U.S. Equal Employment Opportunity Commission...

Community Care Health Network Sued by EEOC For Pregnancy Discrimination

Health Network Rescinded Job Offer to Woman Because She Was Pregnant, Federal Agency Charges - PHOENIX - Community Care Health Network, Inc., doing business as Matrix Medical Network in Scottsdale, Ariz., violated federal...more

Akerman LLP - HR Defense

If You Thought Website Accessibility Was Only for Your Customers—Think Again

Just how inclusive is your workplace? Do you use online applications? If visually impaired applicants cannot access your online application, chances are that your workplace fails to include these individuals. That means you...more

Proskauer - Law and the Workplace

[Podcast]: Laws Governing Background Checks for Employers

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair...more

Littler

It's Not Just a Box: Understanding How "Ban-the-Box" Laws Go Beyond Your Employment Application

Littler on

In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made a conditional offer. It was not for another 12 years...more

Burns & Levinson LLP

Be Careful Not to Withhold Key Information When Courting a Potential New Hire or Business Partner

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So your company is considering getting into a new area of business, and to do so, it will have to hire a variety of talent. While the launch of the new venture is not a certainty, the prospects of it are enticing, and time is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Everything You Need to Know About New York's New FCA Guidance

As we previously reported, New York City’s Fair Chance Act (FCA) went into effect on October 27, 2015. On November 5, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued long-anticipated guidance...more

Hinshaw & Culbertson LLP

“Ban the Box" Coming to the Big Apple...

On June 29, 2015, New York City Mayor Bill de Blasio signed into law an amendment to the New York City Human Rights Law that requires private employers to remove criminal-convictions questions from job applications and defer...more

Hinshaw & Culbertson LLP

That's A Lotta Cheddar: Pizza Chain Pays Big to End Background Check Case

The parent company of Chuck E. Cheese's restaurants, CEC Entertainment, Inc., has agreed to pay $1.75M to settle a class action lawsuit in California brought by applicants who claimed the company provided improper background...more

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