News & Analysis as of September 22, 2024

Background Checks

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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 -

Human Resources Compliance Audits (Part 2)

Porter Hedges LLP on 8/9/2023

An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more

Key California Employment Law Cases: August 2018

Payne & Fears on 10/19/2018

This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks. EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Treating the Cause, Not the Symptom: How to Avoid 10 Employment-Related Liabilities in the Health Care Industry

Williams Mullen on 5/23/2018

Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more

Is It Time To Recall Some Of Your HR Policies?

Fisher Phillips on 5/1/2017

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

Update on the Employment Application Process and Background Checks

Pullman & Comley - Labor, Employment and... on 9/29/2016

Now that Massachusetts has barred its employers’ from asking job applicants about salary information, and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and...more

Straight From The Source: EEOC’s 10 Hottest Litigation Trends

Constangy, Brooks, Smith & Prophete, LLP on 10/30/2015

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more

Employment Law - October 2015 #3

Manatt, Phelps & Phillips, LLP on 10/28/2015

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

The Employment Law Authority - July/August 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2015

A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more

EEOC takes aim at Target for discriminatory pre-employment tests

McAfee & Taft on 8/27/2015

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Ten New Year’s Resolutions Retail Employers Should Consider Making in 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/14/2015

Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what...more

‘Tis the (Retail) Season, Part III: Five Tips for Hiring Seasonal Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/26/2014

It’s that time of year once again! Retailers are gearing up for the holidays and hiring seasonal workers in droves. Unfortunately, the flurry of activity and the common misperception that seasonal workers have a different...more

Background Screening Company Adopts Revised Procedures in Cooperation with EEOC

U.S. Equal Employment Opportunity Commission... on 10/1/2014

DALLAS -- The U.S. Equal Employment Opportunity Commission (EEOC) and The Cole Group have reached an agreement reflecting the job applicant screening company's implementation of revised policies and practices to ensure that...more

EEOC Sues Erie Strayer Company for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 7/28/2014

Erie Equipment Supplier Made Unlawful Medical Inquiries and Engaged in Retaliation, Federal Agency Charges - PITTSBURGH - The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal...more

Rogue CFO III – Background Checks

Sands Anderson PC on 5/29/2014

Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...more

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