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Hiring & Firing › Collective Actions

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 -
Fisher Phillips

Top Workplace Law Stories You May Have Missed from May 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Littler

Littler Lightbulb – May Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

McGlinchey Stafford

NFL’s Rooney Rule: The Flores Discrimination Suit’s Impact on DEI initiatives [More with McGlinchey Ep. 38]

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The NFL designed the Rooney Rule in 2002 to increase the recruitment of ethnic minorities in coaching positions. But recently, former Miami Dolphins head coach, Brian Flores, filed a collective action lawsuit against the NFL...more

Fisher Phillips

Snapshot on Manufacturing Industry: February 2022

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Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more

Fisher Phillips

Top 10 Wage and Hour Trends for 2022 – and What Employers Should Do to Prepare

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We recently provided our predictions for what employers could expect to see in the wage and hour field over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition. So we’ve...more

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

Three Wage and Hour Predictions for 2022: Pay Incentive Class Actions, Cryptocurrency Pay, and Multistate Class Actions

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With the calendar having turned to 2022, it is time to look into the crystal ball and make a few predictions for the year ahead related to the wage and hour world. Class and Collective Actions Concerning Hiring and...more

Seyfarth Shaw LLP

New York Federal Court Finds That A Common Policy Or Plan Is Still Critical To ADEA Collective Actions

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Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to...more

Littler

Littler Global Guide - Colombia - Q4 2019

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Prohibition from Working with Underage Children Due to Past Crimes - New Order or Decree - Under the recently published Decree 753 of 2019, individuals convicted of crimes against the sexual freedom, integrity and...more

Ballard Spahr LLP

NLRB: Employers Can Revamp Arbitration Agreements in Response to Collective or Class Action Suits

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The Supreme Court held last year in Epic Systems v. Lewis that mandatory arbitration agreements requiring employees to arbitrate claims against their employer on an individual—rather than on a class or collective—basis are...more

Fisher Phillips

“Personal” Pizza: Employee’s Individual Gripe Not Protected Under The NLRA

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A recent decision by a National Labor Relations Board Administrative Law Judge has re-affirmed that “personal gripes” made by employees are unprotected by federal labor law. This decision comes from the NLRB’s regional office...more

Fisher Phillips

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

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Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

Seyfarth Shaw LLP

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

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Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

Seyfarth Shaw LLP

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

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Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Sherman & Howard L.L.C.

Ninth Circuit Strikes Class Arb Waivers

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The Ninth Circuit Court of Appeals weighed in, today, on the propriety of class action arbitration waivers under the NLRA. The Court held that such waivers violate Sections 7 and 8 of the NLRA in the context of a pending...more

Jackson Lewis P.C.

Class and Collective Action Waivers Lawful under NLRA, Eighth Circuit Finds, Contrary to Seventh Circuit

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The National Labor Relations Board erred in determining that a company violated the National Labor Relations Act by maintaining and enforcing a mandatory arbitration agreement which prohibited employees from bringing or...more

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

A New Internship Standard The Second Circuits Seven Factor Test and What it Means for Your Company

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On July 2, 2015, the Second Circuit Court of Appeals issued a decision regarding the employment status of unpaid interns that should prove helpful to employers. In Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478 and...more

Mintz - Employment, Labor & Benefits...

Is a FLSA Collective Action Waiver by Itself in a Severance Agreement Enforceable? Sixth Circuit Says “No.”

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Employers have recently enjoyed some victories in the U.S. Supreme Court and in the California Supreme Court regarding the use of class/collective action waivers in employment arbitration agreements (e.g. Italian Colors and...more

Faegre Drinker Biddle & Reath LLP

Sixth Circuit Voids FLSA Collective Action Waiver Signed as Part of Separation and Release Agreement in Killion v. KeHE...

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On July 30, 2014, the Sixth Circuit Court of Appeals invalidated a collective action waiver signed as part of a separation and release agreement. The ruling is significant because it is the first time a federal appellate...more

Fisher Phillips

Labor Letter, June 2013: "Let's Hire An Unpaid Intern," Often A Bad Idea

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We’ve warned clients for some time now that businesses and other organizations should think carefully if they are considering the possibility of permitting unpaid internships. What might be described as the internship...more

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