News & Analysis as of September 22, 2024

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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 -

The Learned Concierge - June 2024, Vol. 9

Clark Hill PLC on 6/14/2024

The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Equity in Employment: How to Avoid Discrimination While Ensuring Form I-9 Compliance

Mitratech Holdings, Inc on 11/13/2023

The fine line between following proper hiring procedures and promoting fairness and inclusivity requires a seasoned HR professional who understands not only the nuance of hiring in today’s world but also has a legal mind for...more

New York Lawmakers Modify Pay Disclosure Law’s Applicability to Remote Jobs

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/22/2023

With the September 17, 2023 effective date for New York’s new pay range disclosure requirements approaching, state lawmakers recently amended the law to clarify the scope of remote jobs to which the law applies and to relieve...more

[Podcast]: The New York City Pay Transparency Law Takes Effect

Proskauer - Law and the Workplace on 11/2/2022

In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022....more

Facebook Settles Claims Alleging Discriminatory Ad Targeting

Littler on 3/21/2019

On March 19, 2019, Facebook settled several lawsuits brought by the American Civil Liberties Union (ACLU), the Communications Workers of America, and various housing groups related to the placement of employment...more

Hiring Personnel in New York: Dos and Don’ts – Part 1

Sheppard Mullin Richter & Hampton LLP on 9/28/2018

Part I: Advertising and Interviewing - Foreign companies expanding their operations to the U.S. through New York usually handle their U.S. hiring process like the way they do back in their home country. They should not....more

Help Wanted: How Your Online Job Advertisements Could Be Considered Age Discrimination

Miles & Stockbridge P.C. on 1/24/2018

More and more employers are seeking employees on the internet through targeted advertisements on Facebook. Employers can target these advertisements to certain users based on age, location, interests, experience, among other...more

Digital discrimination: Targeted ads don’t reach all potential applicants

McAfee & Taft on 1/12/2018

Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites...more

Modern Recruiting Hits a Snag

Sherman & Howard L.L.C. on 12/22/2017

The former general counsel of the EEOC under President Obama leads a team that is giving many, many employers an early holiday nightmare. A union and a class of plaintiffs are seeking damages from a class of employers; if...more

Try Not to be so Friendly: Current Issues in Interviews and Advertising

Dentons on 6/22/2017

Many of us like to chat. We like to know what you’re reading, how your kid’s baseball season is going, and what kind of pie you like, but while hostesses love you at a cocktail party, chatting can lead to trouble, especially...more

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Kramer Levin Naftalis & Frankel LLP on 5/1/2017

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

New D.C. Law Restricts Employer Use of Credit Histories in Employment Decisions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/27/2017

On February 15, 2017, Washington, D.C., Mayor Muriel Bowser signed into law the District of Columbia’s Fair Credit in Employment Amendment Act of 2016 (FCEAA). This Act, which amends the District’s Human Rights Act of 1977,...more

Newly Organized Employer Must Bargain Over Discretionary Employee Discipline Pre-First Contract, NLRB Rules

Jackson Lewis P.C. on 9/6/2016

Prior to entering into a first contract, an employer has a statutory obligation to bargain with the union that represents its employees before imposing discretionary “serious discipline” (such as suspension, demotion, or...more

New Law Attempts To Clarify Legal Status Of LLC Employee Membership Purchase And Option Plans

Allen Matkins on 10/23/2015

California Labor Code Section 407 may be a bit of a surprise to many lawyers both in and outside of the state. It provides: Investments and the sale of stock or an interest in a business in connection with the securing of a...more

Advertising Requirements in PERM—A Survey of BALCA’s Application of 20 CFR § 656.17(f)(7)

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/3/2015

The U.S. Department of Labor’s (DOL) permanent labor certification (PERM) program requires employers to conduct specific recruiting activities to test the labor market before filing an application. The regulation at 20 CFR §...more

New Jersey Division on Civil Rights Issues Amended Regulations on Employment Advertising

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

On June 23, 2014, the New Jersey Division on Civil Rights (DCR) issued amended regulations concerning employment advertisements. First, the prohibition on employment advertisements containing a preference for—or...more

Employment Law -- Dec 20, 2013

Manatt, Phelps & Phillips, LLP on 12/20/2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in Russia

Dechert LLP on 8/14/2013

Legislation - Significant New Amendments to the Russian Labor Code - During the first half of 2013, a number of amendments were introduced into the Russian Labor Code. These amendments relate to remote...more

Guide to Doing Business in Canada - June 2013 Edition

Dickinson Wright on 7/11/2013

1. INTRODUCTION - This Guide to Doing Business in Canada was initially developed to assist our clients. We are pleased that it has also been very helpful for many others, including senior managers of non-Canadian...more

Texas Leg 2013 Wrap-Up – Texas Does Not Take The Lead On Social Media Issues

Gray Reed on 5/29/2013

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking....more

New York City on the Verge of Prohibiting Discrimination Based on an Individual's Unemployment Status

Mintz - Employment, Labor & Benefits... on 2/15/2013

New York City employers beware: The New York City Council has once again acted to expand the nation’s broadest anti-discrimination law – this time to prohibit discrimination against New York City’s unemployed. While several...more

Proposed New York City Law Would Be First in Nation to Provide a Private Right of Action for Discrimination Against the Unemployed

Littler on 2/7/2013

The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the...more

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