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 -

Best practices for employers under the EEOC’s new strategic enforcement plan

by McAfee & Taft on

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her...

A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination. In Villa v. CaveMezze...more

Work Permits in Wisconsin: New Requirements and Modernized Statutory Language

Recently signed by Governor Walker, 2017 Wisconsin Act 11 went into effect on June 23, 2017. The act has two objectives. First, it seeks to modernize the language used in the Wisconsin Statutes to refer to labor performed by...more

New Criminal History Hiring Regulations for California Employers

by Carlton Fields on

Employers hiring in California must be aware that on July 1, new California Fair Employment and Housing Council regulations take effect, limiting use of criminal history when making employment decisions. Every nationwide...more

How To Avoid Wrongful Termination Lawsuits In Michigan

by Fraser Trebilcock on

In Michigan, employment is usually considered to be “at-will”. This means that either an employer or employee may decide to terminate employment at any time, with no reason needed. There are, however, a few exceptions to the...more

Brazil eSocial Trial Period Begins on June 26, 2017

by Littler on

After months of uncertainty, on June 23, 2017, the eSocial Steering Committee in Brazil finally issued a new resolution launching a restricted platform for companies to begin testing the program. The program will be available...more

Delaware Follows Suit, Joins Number of Jurisdictions Banning Salary History Inquiries

On June 14, 2017, Delaware’s governor signed a measure enacting a pay history inquiry ban similar to those enacted recently in Massachusetts, New York City, Philadelphia, and Puerto Rico. Specifically, Title 19 of the...more

CCO Leadership: Lessons from Kaiser Permanente

by Thomas Fox on

One thing every Chief Compliance Officer (CCO) will face is multiple stakeholders. The more compliance is operationalized the more sensitized this issue will become. Yet the centralized control that many business leaders have...more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Workwise: Certain Earnings During Notice Period Not Considered Mitigation

by Field Law on

On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court’s finding that certain...more

Wisconsin Eliminates Permitting Requirements for 16- and 17-Year-Old Workers

by Hinshaw & Culbertson LLP on

Governor Walker signed Assembly Bill 25 (2017 Wisconsin Act 11) on Wednesday reducing burdens carried by employers that rely on teenage labor. The law became effective June 23, 2017....more

Back to Wedding Cakes and DJs—5th Circuit Overturns Injunction against Mississippi Religious Freedom Law

Last week, the 5th Circuit Court of Appeals overturned a lower court’s injunction of the enactment of Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act” (HB 1523). As written about in a blog...more

The Baton Passes Back to the East Coast: Prior Salary Ban Passed in Delaware and Philadelphia Law Suit Challenging Prior Salary...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

by Hinshaw & Culbertson LLP on

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District...more

Compliance Lessons From Uber: Takeaways for Tech Startups

by Nilan Johnson Lewis PA on

While the media has widely covered the resignation of Uber’s CEO Travis Kalanick, it has largely ignored important lessons that tech startups can draw from Uber’s experience. In fact, the series of events leading up to...more

Coming Soon to Your State? Laws Banning Inquiries into Applicant Salary History Gaining Steam

As reported by HRLegalist earlier this year, Philadelphia’s City Council unanimously approved a pay equity bill making Philadelphia the first city in the nation to adopt comprehensive “wage-gap” legislation. Under the Wage...more

Delaware Becomes Third State to Ban Pay History Inquiries

by Saul Ewing LLP on

On June 14, 2017, Governor John Carney made Delaware the third state to ban inquiries regarding pay history during the employment application process. Delaware joins Massachusetts and Oregon, as well as Puerto Rico, New York...more

Canada Launches Global Skills Strategy to Fast-Track Short-Term Entry of High-Skilled Workers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Canadian government instituted a new, immediately effective Global Skills Strategy to facilitate entry of skilled workers....more

Delaware and Oregon Join the Movement Banning Employers from Making Salary History Inquiries

by Baker Donelson on

Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary...more

Background Checks by Province: What Employers Need to Know

Background screening job candidates is an important part of an employer’s recruitment process. There are several different background checks that are generally permissible in Canada, but employers must tread carefully. ...more

RAMP Certification Requirements: Expanded Enforcement Looming

As a result of the new laws enacted last year, anyone who serves or sells alcoholic beverages in Pennsylvania must be RAMP certified.  A Pa.L.C.B. e-mail advisory clarified these new laws.  Under the Pa.L.C.B. advisory,...more

Ninth Circuit Says Age Discrimination Laws Apply to Public Employers of Any Size

by Hinshaw & Culbertson LLP on

In Guido v. Mount Lemmon Fire District, the Ninth Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) applies to public employers of any size....more

Mid-Year Compliance Check-Up!

There are a number of new employment laws coming into effect on July 1, 2017. Below is a self-test checklist to ensure your business is prepared for them....more

Avoiding State Law Pitfalls (Part 4 of 4)

by Bryan Cave on

This is the fourth hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #4 - A manager of a Minneapolis, Minnesota restaurant calls you regarding an employee who...more

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental...more

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