News & Analysis as of September 22, 2024

Employees

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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 -

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Shaw LLP on 9/17/2024

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Littler Lightbulb: August Appellate Roundup

Littler on 9/6/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Illinois Becomes Second State to Enact AI Law for Employers

DLA Piper on 8/26/2024

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Court Decision Should Spur Employers Who Hire Noncitizens to Examine Hiring Practices

Harris Beach PLLC on 7/19/2024

While a recent decision by the Ninth Circuit applies to Western states, it should serve as a signal for employers across the country to examine and update their recruiting and hiring policies. The split ruling by a...more

New Illinois Employment Laws (Likely) Coming Soon!

FordHarrison on 7/12/2024

The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination

Troutman Pepper on 6/13/2024

Q. Is there a new standard in New Jersey for disparate impact discrimination?...more

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

U.S. Equal Employment Opportunity Commission... on 5/23/2024

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

OFCCP Week in Review Special Edition | DEAMcon24 Day Two Recap

DirectEmployers Association on 4/25/2024

The following is Part 2 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday, April...more

Are Coaches Independent Contractors or Employees?

Flaster Greenberg PC on 2/7/2024

An issue that all businesses grapple with is classifying the individuals performing work. Generally, there are two (2) types of individuals performing work: (1) Independent Contractors (1099) and (2) Employees (W-2). Some...more

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

Troutman Pepper on 12/14/2023

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more

A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

Troutman Pepper on 12/6/2023

Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on 5/24/2023

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

EEOC Sues Innovative Services NW for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 3/6/2023

Disability Services Organization Refused to Accommodate Employee with Disability, Federal Agency Charges - VANCOUVER, Wash. — Innovative Services NW (ISNW), a nonprofit providing programs for people with disabilities and...more

California Labor Commissioner Issues FAQs Clarifying Pay Transparency Law

Sheppard Mullin Richter & Hampton LLP on 1/17/2023

As we previously reported here last fall, California enacted a pay transparency law (SB 1162) requiring employers with 15 or more employees to disclose pay scales in job postings beginning January 1, 2023. The Labor...more

2022, Who Were You? A Recap of Hot Issues in 2022.

Bradley Arant Boult Cummings LLP on 1/4/2023

As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and...more

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

Bradley Arant Boult Cummings LLP on 12/22/2022

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Reductions in Force: Legal Do’s and Don’ts

Skadden, Arps, Slate, Meagher & Flom LLP on 12/15/2022

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Did We Hear That Right? NLRB Holds Discipline for ‘Whore Board’ Graffiti Is Improper

Bradley Arant Boult Cummings LLP on 8/16/2022

An employee writes “whore board” on a company bulletin board — you can fire him, right? Not according to the NLRB and now the federal D.C. Circuit Court of Appeals. In Constellium Rolled Products v. NLRB, the employer’s...more

EEOC Releases Analysis of Older Workers in the Federal Workforce

U.S. Equal Employment Opportunity Commission... on 2/14/2022

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today issued a report on workers age 40 and over in the federal workforce with details regarding pay disparities, the proportion of older workers on staff,...more

Dechert’s London Employment Team – The Employment Edit - Autumn 2021

Dechert LLP on 9/20/2021

Dechert's London Employment Team is pleased to present The Employment Edit, Autumn 2021 – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and...more

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

Bradley Arant Boult Cummings LLP on 9/9/2021

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

2021 Employment Law Changes That Illinois and Chicago Employers Need to Know About

Clark Hill PLC on 1/6/2021

The beginning of 2021 saw the advent of new employment laws for employers with operations and employees located in the State of Illinois and the City of Chicago. Here are some of the new state and local laws that employers in...more

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on 2/8/2017

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

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