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 -
News & Analysis as of

Federal Court Allows the EEOC to Conduct Investigation on Employer’s Premises Without Employer Consent or a Warrant

Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision, however, may lead to an...more

Preventing discrimination against Muslim and Middle Eastern employees

In the wake of recent terrorist attacks in Paris and San Bernardino, the Equal Employment Opportunity Commission (EEOC) has warned employers to be proactive and take measures against discrimination aimed at those who are, or...more

Five Reasons Why Employees Talk to Lawyers

“Why am I getting sued?” is a common question we get from our employer clients when faced with what they perceive as a frivolous lawsuit brought by a ne’er-do-well former employee out for a quick buck or a pound of flesh. The...more

Not So Fast: Administrative Review Board Vacates Discrimination Finding Sought by OFCCP

A recent decision from the Department of Labor’s Administrative Review Board serves as a warning to federal agencies against overreaching in their efforts to identify alleged employment discrimination. It also serves to...more

New York State Prohibits Discrimination Based on Relationship or Association

On May 18, 2016, the New York State Division of Human Rights (SDHR) adopted new regulations that prohibit discrimination based on a relationship or association with members of a protected class. The purported purpose of the...more

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance....more

Spouses in the Workplace: Allow or Prohibit?

Employers often face the issue of whether to allow spouses or other family members to work together. Regardless the side the employer falls on, there is potential liability lurking....more

Employment Law Navigator – Week in Review: May 2016 #4

Last week the long-awaited final FLSA overtime regulations were published. The regulations are intended to make an additional 4.2 million workers eligible for overtime. The new rules raise the salary threshold for exempt...more

Key Legislation Emerging from the 2016 Maryland General Assembly Session and Local Ordinances to Remember

Maryland's 2016 General Assembly session has now adjourned. Maryland employers should be aware of the following new laws resulting from this legislative term:  (1) Equal Pay for Equal Work; (2) Equal Pay Commission; (3)...more

FTC Issues Guidance on Consumer Reporting Obligations under the FCRA

On May 10, the FTC released new guidance on consumer reporting obligations under the FCRA. The guidance is intended to assist companies in understanding whether or not they are subject to consumer reporting requirements under...more

Massachusetts Noncompete Bill Advances, but Passage Remains Uncertain

In March, we reported that Massachusetts House Speaker Robert A. DeLeo had announced his support for legislative restrictions on employee noncompetition agreements, signaling a potential turning point in the long-running...more

Eighth Circuit: Delay In Asserting Right To Arbitrate And Using Litigation Machinery Results In Waiver

The plaintiff, a terminated employee, had signed a two year employment agreement and a separate arbitration agreement with a home décor company. The plaintiff was terminated after six months and sued the defendant in...more

Pennsylvania's New Medical Marijuana Act Implicates Employer Drug Policies

Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or...more

Covenant Transport Sued By EEOC For Disability Discrimination

Trucking Company Refused to Hire Applicant Because of His Disability, Federal Agency Charges - CHATTANOOGA, Tenn. -- Covenant Transport, Inc., a trucking company headquartered in Chattanooga, Tenn., violated federal law...more

Office Concepts to Pay $45,000 to Settle EEOC Pregnancy Discrimination Suit

Fort Wayne Office Product and Service Store Fired Employee Because of Her Pregnancy, Federal Agency Charged - INDIANAPOLIS - Office Concepts, Inc., a Fort Wayne, Ind., office product and service store, will pay $45,000...more

There’s No Longer an “App for That” in Austin: Lyft and Uber Pull Out Over Driver Fingerprinting Requirements

Rideshare companies Lyft and Uber announced on May 9 that they were no longer offering their services in Austin, Texas, after voters there rejected a proposed ordinance that would have eliminated fingerprint-based background...more

Advancing Opportunity for All in the Tech Industry

Exploring New Ways to Achieve Inclusive Workplaces and Tackle the Significant Challenges that Remain In Promoting Diversity in Tech - WASHINGTON-The high tech sector has become a major source of economic growth fueling...more

Under the Dome Special Edition: 2016 Summary of New Maine Laws

We are pleased to share our 2016 Summary of New Maine Laws enacted during the Second Regular Session of Maine's 127th Legislature, which adjourned sine die April 29, 2016. We provide you this summary to help you stay...more

Non-Compete Legislation In Massachusetts: Could It Actually Happen?

On May 16, 2016, the Massachusetts General Court’s Joint Committee on Labor & Workforce Development reviewed a re-drafted bill concerning non-compete agreements in the Commonwealth and reported it out of the Committee...more

NYC Issues Guidance on Protections for Pregnant Employees

On May 6, 2016, the New York City Commission on Human Rights issued guidance that defines what constitutes pregnancy discrimination under the New York City Human Rights Law (NYCHRL), and provides clear examples of when and...more

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

New One-Stop Online Employment Resource for Veterans and Employers

On May 2, 2016, the U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service launched a one-stop online resource for employment services for veterans. The new website, Veterans.gov, brings together job...more

SCOTUS Fair Credit Reporting Act Background Check Standing Case Remanded to Lower Court

On May 16, 2016, in a 6-2 decision, the U.S. Supreme Court remanded the closely watched Spokeo Inc. v. Robins case back to the Ninth Circuit for further analysis. The issue is whether the plaintiff, Robins, has standing to...more

How Much Harm Is Enough? SCOTUS Tackles Standing to Sue

On May 16, 2016, the Supreme Court of the United States decided a case, Spokeo, Inc. v. Robins, (No. 13–1339), involving standing to maintain an action in federal court. In the Spokeo case, an individual claimed that a search...more

Changing Past Practices – You Might Already Have the Right to Do What You Want

Employers frequently find themselves in a situation where they have the right to do something under their labor agreements, but they have not been exercising the right. For example, the labor agreement might provide...more

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