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Hiring & Firing › Chamber of Commerce

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 -
Balch & Bingham LLP

Federal Trade Commission Votes To Ban Non-Compete Clauses, Immediately Sued

Balch & Bingham LLP on

On April 23, the Federal Trade Commission voted 3-2 to publish its new rule, 29 C.F.R. Part 910, banning almost all non-compete clauses with workers. The rule will take effect 120 days after formal publication in the Federal...more

Polsinelli

Lawsuits Filed Challenging the FTC’s Final Rule Banning Non-Competes

Polsinelli on

To date, three lawsuits have been filed challenging the legality of the FTC’s Final Rule banning non-competes. The initial two cases were filed in Texas federal court, which is widely viewed as a more hospitable forum for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Panel to Reconsider Decision Upholding California Mandatory Arbitration Ban

Ogletree, Deakins, Nash, Smoak & Stewart,... on

​​​​​​​The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Philadelphia’s Pay Equity Ordinance: When May Employers Request and Consider Salary Information in Light of the Latest Challenge?

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On April 30, 2018, Judge Goldberg of the U.S. District Court for the Eastern District of Pennsylvania issued an order granting in part and denying in part a motion brought by the Chamber of Commerce for Greater Philadelphia...more

Fisher Phillips

Sexual Harassment Dominates California Legislation in 2018

Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

Fisher Phillips

Large Employers in France Already Enjoying Benefits of Labor Reforms

Fisher Phillips on

In late September, my colleague, Brian Ellixson, published a post concerning the start of a power swing, from France’s historically employee-friendly labor regime to a somewhat more employer-friendly system. Indeed, although...more

Proskauer - Law and the Workplace

Philadelphia Law Prohibiting Salary History Inquiries Survives Legal Challenge … For Now

Proskauer - Law and the Workplace on

A Pennsylvania federal district court has dismissed a lawsuit seeking to declare unconstitutional a Philadelphia ordinance making it unlawful for employers to inquire into a job applicant’s wage history during the hiring...more

McAfee & Taft

Are questions about a job applicant’s salary history fair game or off limits?

McAfee & Taft on

Prior salary history is a common question asked of job applicants, both during interviews and on job applications. Until recently, employers likely would not have thought twice about asking a candidate the question, “How much...more

Fisher Phillips

Does the Ban on Salary History Inquiries Violate the First Amendment? Ruling on Philadelphia Bill May Impact New York 

Fisher Phillips on

On May 4, 2017, New York City joined the Commonwealth of Massachusetts and the City of Philadelphia when the Mayor signed legislation that bans employers from inquiring about the salary history of job applicants. These laws,...more

Jones Day

Mayor de Blasio Signs NYC Ban on Salary Inquiries

Jones Day on

May 2017 On May 4, 2017, New York City Mayor Bill de Blasio signed a law that will prohibit New York City employers from inquiring about the salary and benefits histories of job applicants. The law, which the New York City...more

Proskauer - Law and the Workplace

Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal...

Proskauer - Law and the Workplace on

Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process....more

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