News & Analysis as of

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 -

New California Law Prohibits Employers From Asking Applicants About Salary History

by Faegre Baker Daniels on

Beginning January 1, 2018, California employers will no longer be able to ask job applicants about their salary history. California joins a small but growing group of states and cities that have enacted similar measures,...more

New York City Ban on Salary History Inquiries Set to Take Effect October 31

by Katten Muchin Rosenman LLP on

Effective October 31, employers operating or recruiting in New York City will no longer be permitted to seek information regarding the compensation history of their job candidates. Under an amendment to the New York City...more

New California Laws on the Horizon

by FordHarrison on

California has passed a number of employment laws this year, including the expansion of baby bonding leave to small employers, prohibiting inquiries into an applicant’s salary history, and restricting the use of applicants’...more

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

by Franczek Radelet P.C. on

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

The Salary Privacy Act—Stacking the Deck

by Blank Rome LLP on

Job interviews and salary negotiations have always been a sort of poker game. Now, in California, employers are required to show their hands, while candidates can keep their cards close to the vest....more

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors...

The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more

Here’s A Tip, Minnesota: Discharging Employees For Refusing To Share Gratuities Is Prohibited

by Jackson Lewis P.C. on

Discharging an employee for refusing to share tips is illegal under the Minnesota Fair Labor Standards Act (MFLSA), according to the Supreme Court of Minnesota. Burt v. Rackner, Inc., 2017 Minn. LEXIS 629 (Minn. Oct. 11,...more

Alert: New California Laws Prohibit Salary History Inquiries, Expand Parental Leave

by Cooley LLP on

Recently, California's Governor Jerry Brown approved of new legislation impacting California employers. Employers should take note of these laws, which address wage discrimination and expand unpaid baby bonding leave, to...more

New PBGC-Plan Sponsor Pilot Mediation Project for Early Warning Program and Termination Liability Cases

The Pension Benefit Guaranty Corporation (the “PBGC”) launched a new Pilot Mediation Project to facilitate negotiations with (i) plan sponsors involved in corporate transactions under the purview of the PBGC’s Early Warning...more

Clougherty Packing Settles EEOC Sexual Harassment Suit for $100,000

Meat Packing Company Subjected Female Employees to Unwanted Touching and Comments, Federal Agency Charges - LOS ANGELES - Clougherty Packing, LLC, dba Farmer John, a Los Angeles-based meat processing company, will pay...more

Dash Dream Plant to Pay $110,000 to Settle EEOC Pregnancy Lawsuit

Don't Get Pregnant or You're Fired, Orchid Grower Told Employees, Federal Agency Charged - FRESNO, Calif. - A Merced County orchid grower will pay $110,000 and provide other relief to settle a pregnancy discrimination...more

Acquirers Beware: Salary History Bans Impact Employment Diligence and Arrangements

New state and local laws might change employment salary due diligence and post-closing arrangements in M&A deals New state and local laws might change employment salary due diligence and post-closing arrangements in M&A...more

California Bans Employers from Seeking Salary History of Applicants

by Latham & Watkins LLP on

On October 13, California Governor Jerry Brown signed into law Assembly Bill 168 (AB 168), which further restricts employers’ use of salary history information. California’s Fair Pay Act currently prohibits employers from...more

Key California Employment Law Cases: September 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more

The Holiday Hiring Frenzy: 10 Tips That Will Keep You Off the Naughty List

It’s that time of year again—many employers, especially retailers and hospitality employers, are hiring seasonal workers for the holiday shopping season. Despite the challenge of adding so many employees in a short period of...more

With Governor Brown’s Signature, California Employers Face a Gauntlet of New Laws

by Littler on

The October 15, 2017 deadline has come and gone for Governor Jerry Brown to weigh the bills passed by the California legislature this year. Governor Brown has now signed into law a jaw-dropping number of bills that pertain to...more

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

by Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Pharmacy Chain Not Required To Reasonably Accommodate Needle-Phobic Pharmacist

by Farrell Fritz, P.C. on

Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities Act (ADA). In Stevens v. Rite Aid Corp., the Second Circuit overturned a jury...more

Sixth Circuit Court Agrees with Home Healthcare Employer’s Termination of Nurse

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In this case a home-care nurse complained about the quality of care her patient received from the patient’s family members. Subsequent review and inspections by the company found some “serious problems”...more

California Statewide Ban-the-Box Law Signed By Governor

by Littler on

On October 14, 2017, Governor Jerry Brown signed Assembly Bill 1008, which will add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer’s ability to make...more

What Crawled Out from Under That Rock- Negligent References and Reporting Issues

by Davis Brown Law Firm on

Many employers faced with an employment termination decision look for the simplest process for termination, one that causes the least hardship for the employee and mitigates the most litigation risk for the employer....more

USCIS Denying Pending Advance Parole Applications

by Varnum LLP on

In a significant change to longstanding policy, U.S. Citizenship and Immigration Services (USCIS) recently began denying Advance Parole applications for abandonment when an applicant travels abroad while the application is...more

Governor Brown Has Signed 'Ban the Box' Legislation Into Law For California - California Workplace Law Blog

by Jackson Lewis P.C. on

Effective January 1, 2018, California will be the next jurisdiction to implement statewide “ban the box” legislation. On October 14, 2017, Governor Jerry Brown signed into law Assembly Bill 1008, which prohibits pre-offer...more

State-Wide BAN THE BOX Law No More Criminal Conviction Questions On Employment Applications

by Weintraub Tobin on

On October 14, 2017, Governor Brown signed Assembly Bill 1008 (the “Fair Chance Act”). The new law puts in place some protections for those individuals with criminal backgrounds seeking employment. The new law will be...more

Continued Employment Isn’t Always Sufficient – Minnesota Requires Additional Consideration For Non-Compete With Current Employee

by Jackson Lewis P.C. on

The Minnesota federal district court recently refused to enforce a non-compete agreement, in part, because the employer failed to establish that the agreement was supported by valuable consideration. The decision, issued on...more

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