News & Analysis as of September 24, 2024

Disclosure Requirements

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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 -

OFCCP Week In Review - February 2023

DirectEmployers Association on 2/6/2023

Thursday, January 26, 2023: U.S. National Institute of Standards and Technology Released AI Risk Management Framework - In an effort to better manage risks to individuals, organizations, and society associated with...more

To fight bias, first-of-its-kind New York law regulates tech-enabled employment decisions

Hogan Lovells on 2/3/2022

At first glance, a first-in-the-country law recently enacted by New York City may seem fairly straightforward. But its brevity belies its potential impact on employers that recruit or promote within New York City. The law...more

New York City to Restrict Use of Automated Employment Decision Tools: What Employers Should Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2022

Employers and employment agencies in New York City that currently utilize, or expect to utilize, automated tools to make employment decisions may wish to begin planning now for restrictions that will take effect on January 1,...more

Illinois Amends Antidiscrimination, Pay Equity, and Business Disclosure Laws

Morgan Lewis on 3/31/2021

Illinois Governor J.B. Pritzker signed Senate Bill 1480 into law on March 23, effective immediately. The new law limits employers’ use of conviction records in making employment decisions, requires broad workplace demographic...more

OFCCP Week In Review: January 2021 #3

DirectEmployers Association on 1/19/2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Background Checks: The Advent of the New California Employment Class Action

McDermott Will & Emery on 11/6/2020

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Employers: Use caution when dealing with prescription drug users

McAfee & Taft on 8/21/2018

Employers often have policies that require applicants or employees to disclose the lawful use of prescription drugs that could impair job performance or potentially pose a safety concern. If you’re one of those employers, you...more

EEOC Issues Final Rule To Modify FOIA Regulations

U.S. Equal Employment Opportunity Commission... on 10/23/2017

Changes Will Affect Certain FOIA Procedures, Federal Agency Says - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has finalized an update of its Freedom of Information Act (FOIA) procedures by...more

The Employment Law Authority - July/August 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

“Ban-the-Box” and Other Laws Limiting an Employer’s Use of Criminal History

Smith Anderson on 4/5/2016

Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more

Fenwick Employment Brief

Fenwick & West LLP on 10/26/2015

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Employment Law - October 2015

Manatt, Phelps & Phillips, LLP on 10/5/2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

President Obama Takes Executive Action on National Equal Pay Day

Littler on 4/10/2014

On April 8, 2014, the President signed an Executive Order prohibiting federal contractors from retaliating against employees who choose to discuss their compensation. The President also issued a Memorandum instructing the...more

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