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 -

Sweeping Changes to French Labor Laws Signal Employer-Friendly Future

by Fisher Phillips on

Today, the French labor market experienced the start of a power swing, from its historically employee-friendly labor regime to a more employer-friendly set of laws, intended to provide employers with greater flexibility in...more

Employment Flash - September 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate...more

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the...

by Dorsey & Whitney LLP on

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more

USCIS Resumes Premium Processing for 2018 H-1B Cap Cases

by Littler on

On September 18, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it would resume the premium processing service for fiscal year 2018 H-1B cap cases....more

Employment News - September 2017 #3

by Hogan Lovells on

Let's talk about it – changing terms and redundancy consultation - In Socha v Szpital Specjalistyczny im A. Falkiewicza, the CJEU confirms that the duty to inform and consult applies where employees are dismissed for...more

Avoiding Common Errors in Employment Documents: A Checklist

In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are front page news, more mundane requirements for documentation that employers provide to candidates and employees can fall through the...more

I-15 – Turning the Table: An Interview with the Podcast Host on Protected Employee Activity

by Cozen O'Connor on

This episode replays an interview of the podcast host, Mike Schmidt, that was originally aired on SiriusXM Channel 111, The Business Channel. Mike discusses the nature of adverse actions taken by employers due to employee...more

Looking the Other Way: European Court of Human Rights Grand Chamber Determines Employer Monitoring of Electronic Communications...

In a case highlighting the European Continent’s approach to worker privacy, the Grand Chamber of the European Court of Human Rights ruled that employers may violate employees’ rights when monitoring their electronic...more

EEOC Sues IHOP Chain for Sexual Harassment and Retaliation

Chain of Franchises Subjected Employees to Sexual Harassment and Retaliation, Federal Agency Charges - LAS VEGAS, Nev. - Several franchisees of the popular IHOP restaurant chain in Nevada and New York violated federal law...more

Gulf Logistics Operating Sued For Disability Discrimination By EEOC

Vessel Company Discharged Deckhand With 'Situational Depression' Because It Perceived Him to be Disabled, Federal Agency Charged - NEW ORLEANS -- An oil and gas vessel company doing business in the Larose, La., area...more

EEOC Sues Rosebud Restaurants for Sexual Harassment and Retaliation

Server Was Sexually Harassed and Fired After Complaining About Harassment and Racial Slurs Against African-Americans, Federal Agency Alleges - CHICAGO - Chicago company Rosebud Restaurants violated federal civil rights...more

EEOC Alleges Wood Group Refused to Hire Worker Because of His Disability

Global Offshore Company Refused to Hire Offshore Worker Because of Diabetes, Federal Agency Charged - NEW ORLEANS - Wood Group PSN, Inc., a global company which provides operations and maintenance to the oil,...more

EEOC Sues Rivers Casino for Firing Employee Who Needed Time Off for Cancer Treatment

Casino Violated the Americans with Disabilities Act by Refusing Time Off for Cancer Surgery, Federal Agency Charges - CHICAGO - Rivers Casino in Des Plaines violated federal law prohibiting disability discrim­ination by...more

Without Prejudice: An Invisibility Cloak for a Mature World

by Field Law on

Almost immediately following the unfortunate reality of a termination of employment, another unfortunate reality almost always arrives: a “without prejudice” demand letter. Indeed, that demand letter is perhaps the second...more

LinkedIn – in whose professional interest?

by Seyfarth Shaw LLP on

LinkedIn is the biggest online network of professionals in the world. Many employers encourage staff to use LinkedIn to promote their organisation. While employees may share content relating to their organisation, they...more

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Accountant and Attorney Liability NewsBrief - Fall 2017

by LeClairRyan on

Our attorneys have published the Fall 2017 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief. In this issue: - Supreme Court Limits SEC Disgorgement to Five Years - Revised Form I-9 Released:...more

Nevada Pregnant Workers' Fairness Act Goes Into Effect October 1

by Ballard Spahr LLP on

The Nevada Pregnant Workers' Fairness Act (NPWFA) goes into effect Sunday, October 1, 2017. The NPWFA applies to employers with 15 or more employees and generally expands the scope of protections provided to female employees...more

9th Circuit to Reconsider Employer Use of Salary History During Hiring

by McGuireWoods LLP on

On Aug. 29, 2017, the U.S. Circuit Court of Appeals for the 9th Circuit announced it will reconsider en banc whether employer use of salary history to determine an applicant’s compensation as a new hire violates the federal...more

Employees In California? If So, These Are The Employment Bills To Watch

by Jackson Lewis P.C. on

With the flurry of action by California lawmakers in the final weeks of the legislative session, there are approximately 640 bills waiting for action by California Governor, Jerry Brown. Here is a list of legislation which...more

Lewisville Medical Practice Sued by EEOC for Religious Discrimination and Retaliation

Employee Fired for Requesting to be Excused From Mandatory Morning Bible Study, Federal Agency Charges - DALLAS - Shepherd Healthcare, a medical practice in Lewisville, Texas, violated federal law when it fired an...more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Premium Processing Resumed for H-1B Cap Petitions

by Moore & Van Allen PLLC on

USCIS has resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. This includes petitions receipted in this year's H-1B lottery process, subject to the standard H-1B cap of 65,000 and...more

Employers, I’m On Your Side — So Watch Out! ;-)

At a client seminar that my office presented during the very contentious 2016 campaign season, my law partner John Doyle delivered an introductory disclaimer. Although I may not have his words verbatim, I will never forget...more

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