News & Analysis as of September 23, 2024

Hiring & Firing › First Impression

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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 -

Non-Compete News: Open Season? Pennsylvania Supreme Court Invalidates No-Poach Provision Between Businesses

FordHarrison on 5/10/2021

In a recent decision and case of first impression, Pennsylvania’s Supreme Court unanimously affirmed that a no-hire of employees provision between a business and its vendor was unenforceable because it constituted an...more

Pennsylvania Supreme Court Decides Issue of First Impression on “No-Hire” (or “No-Poach”) Agreements

Littler on 5/5/2021

The Pennsylvania Supreme Court recently decided an issue of first impression regarding “no-hire” (or “no-poach”) provisions in commercial contracts between two companies. In such agreements, one company agrees not to solicit...more

Colorado Court Decides Issue of First Impression on Restrictive Covenants

Littler on 8/8/2019

The Colorado Court of Appeals recently decided an issue of first impression regarding noncompetition and nonsolicitation agreements. The decision in 23 LTD v. Herman highlights an important consideration for Colorado...more

Pennsylvania Court Joins Trend in Holding No-Hire Agreements are Unenforceable as a Matter of Law

Cozen O'Connor on 1/30/2019

On January 11, 2019, in Pittsburgh Logistics Systems, Inc. v. BeeMac Trucking, LLC and BeeMac Logistics, LLC, a panel of nine judges sitting en banc affirmed a ruling holding that a no-hire agreement between two companies was...more

Are No-Hire Provisions Now Void and Unenforceable Under Pennsylvania Law?

Troutman Pepper on 1/28/2019

On January 11, an en banc panel of the Superior Court of Pennsylvania affirmed a trial court’s decision declaring that a no-hire provision in a commercial contract between two businesses was void and unenforceable under...more

Common Sense Prevails: Waiving a Drug Test as a Condition of Employment is Not a Reasonable Accommodation

FordHarrison on 8/21/2018

In Cotto v. Ardagh Glass Packing, Inc., 2018 U.S. Dist. LEXIS 135194 (D.N.J. Aug. 10, 2018), a case of first impression, the federal district court held that neither New Jersey’s Law Against Discrimination (LAD) nor...more

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/5/2017

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/7/2017

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

Knock-Knock, Who’s There? The EEOC: When the EEOC Can Investigate an Employer’s Premises Without Prior Consent

Hinshaw & Culbertson LLP on 5/4/2016

When the EEOC investigates a charge of discrimination, it may employ one of several investigatory methods, including site inspections. In EEOC v. Nucor Steel Gallatin, Inc., a case of national first impression, a Kentucky...more

Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

Proskauer - Law and the Workplace on 10/23/2015

On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed...more

Second Circuit Outlines The Way for Employers to Hire Unpaid Interns

Genova Burns LLC on 7/13/2015

On July 2, 2015, in a matter of first impression, the Second Circuit issued a ruling in Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478, 13-4481 (2d Cir. July 2, 2015), and provided a new test for whether a worker can...more

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Hiring & Firing › First Impression

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