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 -

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

Update: Los Angeles "Ban-the-Box" Legislation

by Payne & Fears on

In January, we issued an Employment Alert regarding Los Angeles's new "Ban-the-Box" law, known as the Los Angeles Fair Chance Initiative for Hiring, which went into effect on January 22, 2017. The law restricts inquiry into...more

Constructive Discharge

by Zelle LLP on

The concept of constructive discharge appears regularly in employment law cases and commentary, but we’ve found that it’s not always well understood. Because a constructive discharge can have all the consequences of a typical...more

An Overview of Ban the Box Laws in California

Individuals with criminal records unquestionably have a more difficult time obtaining gainful employment than individuals without criminal records. In fact, in a 2007 study, only approximately 40 percent of employers in four...more

New York City Seeks to Ban Employer Inquiries Into Applicants’ Salary History

by Genova Burns LLC on

On April 5, 2016, the New York City Council passed a law amending the New York City Human Rights Law, barring all public and private New York City employers from asking job applicants about their prior wages and salary...more

Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly...more

Pick me! Pick me! NFL draft lessons for HR

by FordHarrison on

The NFL draft is fast approaching, and with it comes the multiple prognostications and mock drafts that try to divine which teams will try to link up with the which talent coming out of the college ranks....more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. ...more

Hot List – What’s Happening in the California Legislature 4/24-4/28

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week... Recap of Legislative Bill Activity Last Week – The...more

Sensitivity to Electromagnetic Voltage Not a “Disability” Under the Americans With Disabilities Act

by Jackson Lewis P.C. on

The Seventh Circuit Court of Appeals affirmed the grant of summary judgment dismissing a former employee’s claim that he was terminated because of his purported disability, “sensitivity to electromagnetic voltage.” Hirmiz v....more

Latest Trump Executive Order and H-1B Visas

by Moore & Van Allen PLLC on

On April 18, 2017, President Trump signed an executive order titled "Buy American Hire American", laying out provisions and policies to review the H-1B visa program as well as a review of federal procurement and grant...more

"Buy American, Hire American" Executive Order

by Clark Hill PLC on

On April 18, 2017 President Trump signed the Executive Order titled "Buy American, Hire American" ("Order"). The Order directs the Department of Homeland Security, Department of Justice, Department of State, and Department of...more

And NYC Makes Three: Massachusetts, Philadelphia, and New York City Ban Salary Inquiries

New York City will soon become the third jurisdiction to enact laws barring employers from asking a job applicant about former salaries. The goal? To eliminate one of the alleged sources of wage disparities between men and...more

Philadelphia Postpones Salary History Ban

by Blank Rome LLP on

Action Item: The City of Philadelphia has agreed to a court order postponing the effective date of a law that would prohibit employers from inquiring into a job candidate’s salary or benefit history during the application...more

IDEX Corporation to Pay $380,000 to Settle EEOC Disability Discrimination Lawsuit

Illinois-Based Global Company Fired Regional Manager in Florida Because of His Cancer, Federal Agency Charged - MIAMI - IDEX Corporation, a Lake Forest, Ill.-based manufacturer and supplier of fluidics systems with...more

Ninth Circuit Affirms District Court’s Dismissal Of Plaintiff’s Procedural Due Process Claim

by Carlton Fields on

In this action, plaintiff Sherri Roberts appealed a Montana federal district court’s order which granted her former employer/defendant Lame Deer Public Schools’ summary judgment motion because plaintiff’s procedural due...more

H-1B Cap Reached Again within First Five Business Days – But Fewer Petitions Received than the Last 4 Years

by Proskauer Rose LLP on

On April 7, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it received more H-1B petitions than visas available under the statutory cap of 65,000 general-category and 20,000 U.S. Master's for the...more

Trump Targets Tech Teams (And Others) Through H-1B Crackdown

by Fisher Phillips on

President Trump signed an executive order this week directing a full review of the H-1B visa program as part of a continued push to clamp down companies that hire foreign labor instead of American workers. The centerpiece of...more

FY2018 H-1B Lottery Applications Decline for First Time in 5 Years

by Fisher Phillips on

United States Citizenship and Immigration Services (USCIS) announced earlier this week that it received 199,000 H-1B petitions for the FY 2018 H-1B cap. As usual, this far exceeds the total allocation of 65,000...more

New York City Approves Pay History Ban

by Saul Ewing LLP on

On Wednesday, April 5, 2017, the New York City Council approved legislation that will ban employers from requesting or using job applicants’ salary history when making hiring decisions. The law, known as Introduction 1253-A,...more

Administration Issues Executive Order Providing Framework for its Domestic Buying and Hiring Preferences for Federal Procurement...

by Holland & Knight LLP on

"My Administration will follow two simple rules: Buy American, and hire American.” - President Donald J. Trump. - Fulfilling a prominent campaign promise, today President Trump signed an Executive Order (EO) detailing...more

Carolina Company Sued by EEOC for Alleged Religious Discrimination

by Nexsen Pruet, PLLC on

The Equal Employment Opportunity Commission announced that it filed a lawsuit last month against a South Carolina company that allegedly refused to accommodate a truck driver’s religious beliefs. The employee apparently...more

Third Circuit Revives In-House Attorney’s Whistleblower Claim

On April 12, 2017, the Third Circuit partially revived a former in-house attorney’s whistleblower retaliation lawsuit against his previous employer. Danon v. Vanguard Group, Inc., No. 16-cv-2881....more

New Executive Order Addresses H-IB Visas

by Littler on

On April 18, 2017, President Trump signed the "Buy American and Hire American" executive order (EO), which addresses H-IB visas. The EO calls for the application of existing U.S. laws to visa recipients and the revaluation...more

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