News & Analysis as of September 19, 2024

Hiring & Firing › Affirmative Defenses

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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 -

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

Littler on 4/19/2022

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more

California Supreme Court Clarifies Burdens of Proof Applicable to Whistleblower Claims

Payne & Fears on 1/28/2022

In response to a certified question posed by the United States Court of Appeal for the Ninth Circuit, the California Supreme Court on Jan. 27, 2022, resolved a years-long split among California courts by confirming that an...more

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

Littler on 12/10/2021

A female applicant applies for a position that was widely advertised. During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar...more

Mining MSHA – Discrimination Complaints

Fisher Phillips on 9/28/2020

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend

Proskauer - Law and the Workplace on 4/29/2020

On April 22, 2020, Chicago Mayor Lori Lightfoot, with the backing of several Aldermen, introduced the COVID-19 Anti-Retaliation Ordinance (the “Ordinance”), which, if enacted, would prohibit Chicago employers from retaliating...more

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

Seyfarth Shaw LLP on 7/9/2019

The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as...more

Key California Employment Law Cases: March 2019

Payne & Fears on 5/2/2019

This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

Bankruptcy and Labor Law: Decision by Appeals Court Permits Debtor to Discharge an NLRB Fine in Bankruptcy

Patterson Belknap Webb & Tyler LLP on 2/7/2019

If the National Labor Relations Board (“NLRB”) fines an employer for unlawfully firing workers who tried to unionize, can the employer discharge the fine in bankruptcy, or will the exception to discharge found in Bankruptcy...more

Massachusetts Equal Pay Act Amendment – Effective Date Nears

WilmerHale on 7/2/2018

Nearly two years ago, Governor Baker signed a bill amending the Commonwealth’s Equal Pay Act (MEPA). On Sunday, July 1, 2018, this new law—which, among other things, imposes more stringent equal pay requirements, bars salary...more

New York State Moves One Step Closer to New Pay Equity Laws

Fisher Phillips on 4/24/2018

On the heels of Governor Andrew Cuomo’s call for New York to take additional steps to close the gender wage gap, the New York State Assembly passed a suite of pay equity legislation that would impact both private and public...more

Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences

Sheppard Mullin Richter & Hampton LLP on 4/11/2018

Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by...more

New Fair Employment and Housing Act Regulations Further Limit Consideration of Criminal History in Employment Decisions

Farella Braun + Martel LLP on 3/30/2017

Considering criminal records when making employment decisions has long been the subject of scrutiny, and will soon be governed by new California regulations. On March 27, 2017, the California Office of Administrative Law...more

How Massachusetts’ New Equal Pay Law Impacts Employers

Foley & Lardner LLP on 8/9/2016

On August 1, 2016, Massachusetts became the first state to bar employers from asking job applicants about their salary history before making a formal job offer that includes compensation. Under the new law, employers may not...more

Massachusetts Enacts New Pay Equity Law

Goodwin on 8/3/2016

Summary - Massachusetts Governor Charlie Baker signed a pay equity bill into law on August 1, 2016. The law is intended to strengthen existing law by promoting compensation transparency, limiting questions to job...more

Massachusetts Legislature Passes Sweeping Equal Pay Amendments

Morgan Lewis on 8/1/2016

The law, which the governor is expected to sign, features a new “substantially similar” standard, strict limits on seeking compensation history, and an affirmative defense for good-faith self-evaluations. The General...more

Massachusetts Nearing Enactment of Sweeping Pay Equity Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/29/2016

Continuing a trend, Massachusetts is poised to implement major changes to its equal pay laws. Following the lead of California, New York, and Maryland, which each enacted expansive equal pay laws in the last few months,...more

Massachusetts Legislature Passes New Pay Equity Law

Goodwin on 7/27/2016

The Massachusetts Legislature passed new pay equity legislation on July 23, 2016. Governor Baker has been reported to have said that he will sign the legislation. The new law will take effect on January 1, 2018. The...more

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

Foley & Lardner LLP on 7/21/2016

Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Littler on 10/13/2015

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable...more

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Hiring & Firing › Affirmative Defenses

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