News & Analysis as of

Hiring & Firing

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 -

Blocked Shot? Employer Runs into Religious Issues with Mandatory Flu Vaccines

If you require your employees to get a flu shot, what do you do with the ones who refuse on religious grounds? As with so much in employment law, it depends. In Equal Employment Opportunity Commission v. Mission Hospital, a...more

All Star Priority Staffing Sued by EEOC For Disability Discrimination

Phoenix Staffing Agency Subjected Applicants to Invasive Pre-Offer Medical Questionnaire And Screened Applicants on the Basis of Their Responses, Federal Agency Charges - PHOENIX - All Star Priority Staffing, LLC, a...more

Creating Worker Loyalty in the Gig Economy

by Fisher Phillips on

With the rise of “Uber-ization” of the workforce in the gig economy, many companies, including Fortune 500 firms and IT companies, are adopting a freelance model for its workforce. It’s understandable why businesses would be...more

Being the Bearer of Bad News – How to Handle an Employee Termination Meeting

by Bowditch & Dewey on

News that Anheuser Busch laid off approximately 400 workers in its so-called “The High End” division (that is, the group that is buying up craft brewers and brands) serves as the most recent reminder that the business...more

Termination of employment due to poor performance – a brief legal comparison

by Bryan Cave on

Bryan Cave's Scandinavian Desk advises numerous Scandinavian clients in Germany. This article highlights the similarities and differences between German and Swedish law regarding the termination of employment due to poor...more

Words Matter: The Third Circuit Clarifies That a Single Racial Slur in the Workplace May Be Enough to State a Hostile Work...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Telling African-American employees “that if they had ‘n—– rigged’ the fence, they would be fired” may be enough, standing alone, to state a hostile work environment claim....more

Updates on DACA and Temporary Protected Status

by Littler on

DACA Developments - On September 5, 2017, the Trump administration announced that it would formally end the Deferred Action for Childhood Arrivals (DACA) program. Since then, 19 states and the District of Columbia have...more

California Employment Law Bills Sent to Governor’s Desk

Several California labor and employment law bills passed in both the state assembly and senate on or before the September 15, 2017, legislative deadline. Governor Brown will have until October 15, 2017, to sign or veto these...more

New Form I-9 Takes Effect on September 18, 2017

by Cozen O'Connor on

As of yesterday, September 18, employers must use the new Form I-9, Employment Eligibility Verification, for all new hires. The new form is available on the USCIS website and on most electronic Form I-9 software programs....more

Premium Processing Now Available for Cap H-1B Visas

by Varnum LLP on

On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed the premium processing option for Fiscal Year 2018 H-1B cap visa petitions filed for an October 1, 2018 start date. Premium processing...more

Premium Processing Resumes for Fiscal Year 2018 H-1B Cap Petitions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for H-1B petitions filed subject to the Fiscal Year (FY) 2018...more

What Employers Need to Know About Employee Verification Requirements: Recent Changes to Form I-9 and Challenges Posed by a Natural...

by FordHarrison on

Although immigration has been a hot political topic lately, employers’ obligations to comply with the Immigration Reform and Control Act of 1986 (“IRCA”), 8 U.S.C. § 1324a, have remained consistent for the last few years. As...more

Overview of Macron reform law

by DLA Piper on

Through a comprehensive short slideshow, discover the key challenges and timeframe of the Macron Labour Reform Bill. Please see full Presentation below for more information....more

Sleneem Enterprises, LLC To Pay $22,500 To Settle EEOC Religious Accommodation Suit

Company Discharged Employee Because She Requested Religious Accommodation, Federal Agency Charged - DETROIT - A Michigan-based franchisee of Tim Hortons Cafe and Bake Shop will pay $22,500 to settle a religious...more

Update: New York City Commission on Human Rights Issues Fact Sheets Regarding the NYC Salary History Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 12, 2017, the New York City Commission on Human Rights released two eagerly-awaited Fact Sheets to aid in the interpretation of the NYC salary history ban, which goes into effect on October 31,...more

Unpaid Volunteers Are Not Covered By New Jersey’s Whistleblower Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New Jersey’s Appellate Division upheld summary judgment dismissing a claim of whistleblower retaliation under the Conscientious Employee Protection Act (“CEPA”), finding that plaintiff, an unpaid volunteer...more

Massimo Zanetti Sued by EEOC For Sexual Harassment and Retaliation

Employee Was Fired After She Reported the Sexual Harassment, Federal Agency Charges - NORFOLK, Va. - Massimo Zanetti Beverage USA, Inc. violated federal civil rights law when it failed to stop sexual harassment of a female...more

Employers Must Use New I-9 Form Beginning September 18, 2017

by FordHarrison on

Starting September 18, 2017, employers must use the revised Form I-9 with the revision date “7/17/17” to verify the identity and work eligibility of every new hire....more

Reminder: New Mandatory Form I-9 Effective September 18, 2017

by Davis Wright Tremaine LLP on

The transition period for use of the new Form I-9 is ending and the new version (07.17.17) is mandatory beginning Monday, September 18. I-9 and E-verify compliance are becoming increasingly scrutinized, so employers are...more

The Third Circuit Weighs In On The Warn Act

by Cole Schotz on

Short Summary- In In re AE Liquidation, Inc., 866 F.3d 515 (3d Cir. 2017), the Third Circuit answered two important legal questions under the Worker Adjustment and Retraining Notification Act of 1988 (the WARN Act). ...more

American Queen Steamboat Sued by EEOC for Firing Employee Who Opposed Sexual Harassment

Cruise Director Fired for Supporting Coworker's Harassment Claim, Federal Agency Charges - MEMPHIS, Tenn. - American Queen Steamboat Company, a cruise company headquartered in Memphis, unlawfully fired an employee after...more

GNT Foods Sued By EEOC For Racial Harassment and Retaliation

African-American Employees Subjected Daily to Racial Epithets and Fired for Complaining and Taking Part in EEOC Investigation, Federal Agency Charged - ATLANTA - G.N.T, Inc., doing business as GNT Foods, a grocery store...more

Huntington Ingalls Sued By EEOC For Disability Discrimination

Shipyard Refused to Hire a Hearing-Impaired Pipefitter Because He Used Hearing Aids, Federal Agency Charges - NEWPORT NEWS, Va. - Newport News-based shipbuilder Huntington Ingalls Incorporated violated federal...more

California Corner: New Notice Requirements Regarding Domestic Violence Victims’ Rights and LA’s Ban the Box Ordinance

by Vedder Price on

California Labor Code sections 230 and 230.1 provide certain rights to employees who are victims of domestic violence, sexual assault or stalking, including the right to take time off from work relating to such issues and the...more

EEOC Sues Wynn Las Vegas for Disability Discrimination

Employee with Ovarian Cancer Denied Leave and Fired, Federal Agency Charged - LAS VEGAS - The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the Wynn Las Vegas hotel/casino for violating...more

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