News & Analysis as of September 23, 2024

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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 -

March 2019: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 4/10/2019

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 month...more

October 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 11/12/2018

Employment Law - June 2017 #3

Manatt, Phelps & Phillips, LLP on 6/30/2017

DOL Withdraws Obama-Era Guidance, Promises More Change - Why it matters - The new Secretary of Labor officially withdrew the Department of Labor’s (DOL’s) guidance on joint employment and independent contractors, although...more

Employment Law Navigator – Week in Review: February 2017 #4

Zelle LLP on 2/28/2017

Last week, the administration rescinded Obama-era federal guidelines interpreting federal anti-discrimination laws to require schools to allow transgender students to use bathrooms corresponding with their gender identity....more

Employment Law Navigator – Week in Review: February 2017 #3

Zelle LLP on 2/21/2017

Over the weekend, a female Uber employee published a blog post that accuses the company of systemic sex discrimination and harassment. Uber quickly reacted, hiring former Attorney General Eric Holder to perform an “urgent...more

Employment Law Navigator – Week in Review: January 2017 #4

Zelle LLP on 1/24/2017

Last week, the Second Circuit Court of Appeals was asked to overturn its own precedent in a case involving discrimination on the basis of sexual orientation. The case was brought by an advertising executive who alleged that...more

Employment Law Navigator – Week in Review: January 2017 #3

Zelle LLP on 1/17/2017

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

Employment Law Navigator – Week in Review: October 2016 #3

Zelle LLP on 10/17/2016

Last week, the EEOC held a public meeting on the growing use of big data and predictive analytics in employment decision-making. A panel of industrial psychologists, attorneys, and labor economists told the EEOC that the use...more

Employment Law Navigator – Week in Review: September 2016 #4

Zelle LLP on 9/26/2016

Last week, 21 states filed a lawsuit challenging the Department of Labor’s new overtime rules. Within hours, another suit was filed by the U.S. Chamber of Commerce and business groups. The lawsuits contend that the Department...more

Employment Law Navigator – Week in Review: September 2016 #2

Zelle LLP on 9/13/2016

Last week, as we learned that the CIA has invested in another Big Data analytics startup, new headlines and commentary addressed the dangers of hidden bias in technology. LinkedIn changed its search algorithm after the...more

Employment Law Navigator – Week in Review: August 2016 #4

Zelle LLP on 8/22/2016

Last week, a federal judge dismissed a transgender discrimination lawsuit brought by the EEOC, citing the company owner’s religious beliefs and the Religious Freedom Restoration Act. The case involved the termination of a...more

Employment Law - January 2016

Manatt, Phelps & Phillips, LLP on 1/18/2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Employment Law Navigator – Week in Review: December 7, 2015 #2

Zelle LLP on 12/14/2015

Data breaches were in the news again last week. The Association of Corporate Counsel released findings including the startling news that one-third of in-house counsel reported their organization had suffered a data breach...more

Employment Law Navigator – Week in Review: November 24, 2015

Zelle LLP on 11/24/2015

Last week, the EEOC released its Fiscal Year 2015 Report, in which it describes 12 months of positive results. According to the report, monetary relief obtained for individuals was up, and the number of systemic charges of...more

Employment Law Navigator – Week in Review: November 10, 2015

Zelle LLP on 11/10/2015

Last week, a jury awarded sports journalist, T.J. Simers a $7.1 million verdict in his age and disability discrimination suit against the Los Angeles Times. Mr. Simers alleged that he was subjected to discrimination...more

That is SO last week - September 2015 #3

Zelle LLP on 9/22/2015

Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...more

The Background Check Conundrum: “Manufacturing” a Problem (Pun Intended)

Robinson+Cole Manufacturing Law Blog on 9/22/2015

I am a longtime advocate of pre-employment criminal background checks. So I have watched with resigned acceptance as the EEOC, over 100 states and cities across the United States, and other public advocates have fought to...more

That is SO last week - August 2015 #4

Zelle LLP on 8/25/2015

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

That is SO last week - July 2015 #2

Zelle LLP on 7/14/2015

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

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