News & Analysis as of September 25, 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 -

NY’s New Employment Law Targets Privacy Concerns

Rivkin Radler LLP on 4/5/2024

In the current age of social media, employers have begun to increasingly rely on digital platforms to screen prospective employees. In an effort to address the growing concerns over privacy and the use of social media in...more

ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

Epstein Becker & Green on 12/19/2023

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some...more

Virtual Career Fairs: Ways for Employers to Stand Out

Mitratech Holdings, Inc on 9/12/2022

Virtual career fairs have been continually growing in popularity despite many other events going back to in-person. Why is this? Many job seekers and employers have fully realized the benefits of attending virtual career...more

OFCCP Moves One Step Closer To AAP Verification

Proskauer - Government Contractor Compliance... on 9/23/2021

In a step toward implementation of OFCCP’s Affirmative Action Program (“AAP”) Verification Initiative, the Office of Management and Budget (OMB) approved an Affirmative Action Program Verification Interface (AAP-VI) that...more

#No Filter: Terminating an Employee for Social Media Posts – Part 3

Cozen O'Connor on 12/17/2020

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more

Best in Law: Online Recruiting Legal Pitfalls

Best Best & Krieger LLP on 4/29/2020

The COVID-19 pandemic has forced businesses to change their recruitment and hiring practices. While the Internet had already shifted the way people look for, apply to and fill jobs, small businesses will now, more than...more

OFCCP Launches Online Contractor Compliance Institute

Polsinelli on 3/3/2020

On February 21, 2020, OFCCP announced the launch of its new Contractor Compliance Institute as part of its ongoing efforts to provide guidance and training to aid federal government contractors in meeting their compliance...more

New Guidance Available for New York Employers About the Recent Salary History Ban

Orrick - Equal Pay Pulse on 1/24/2020

The New York State Department of Labor has created a website to provide guidance on the state’s recent Salary History Ban. We previously reported on the state’s Salary History Ban in detail here after it was passed by the New...more

Can We Amazon-Prime An Employee?! How The Gig Economy And Technology Are Changing How Hospitality Companies Hire And Manage Their...

Fisher Phillips on 9/6/2019

The surge in popularity of the gig economy in recent years has largely been a positive trend. The gig economy has made it possible for us to Uber from place to place, hire housecleaners or handymen as needed, find a dog...more

Everything’s (Gig)ger in Texas: New State Law Classifies Gig Workers As Contractors

Fisher Phillips on 4/23/2019

The confusion surrounding worker classification is not a new topic for any gig economy employer. Whether gig workers are classified as employees or independent contractors is a constant battle businesses face both in the...more

Top Tips for Reviewing Your Social Media Profile

Akin Gump Strauss Hauer & Feld LLP on 3/11/2019

Fifty-six percent of law school admissions officers say they look at an applicant’s social media profile to learn more about them, according to a survey by Kaplan Test Prep of 117 law schools. Ninety-one percent of law...more

Is Looking For Applicants On Social Media Looking For Trouble?

Seyfarth Shaw LLP on 2/7/2019

Seyfarth Synopsis: While targeted social media ads may help employers find potential applicants with specific skill sets, inartfully crafted ads may open the door to discrimination claims, particularly in California....more

If You Thought Website Accessibility Was Only for Your Customers—Think Again

Akerman LLP - HR Defense on 9/25/2018

Just how inclusive is your workplace? Do you use online applications? If visually impaired applicants cannot access your online application, chances are that your workplace fails to include these individuals. That means you...more

Big Brother to Review Visa Applicants’ Social Media History?

Akerman LLP - HR Defense on 4/24/2018

Handing over access to your social media account might be the next big move in U.S. immigration law. In a formal notice issued on March 30, 2018, the Department of State advised that it plans to require nearly all visa...more

Three Technology Trends That Will Change the Gig Economy in 2018

Fisher Phillips on 2/14/2018

Bill Gates once said “Information Technology and business are becoming inextricably interwoven. I don’t think anybody can talk meaningfully about one without the talking about the other.” The advent of the gig economy along...more

California Employment Law Notes - October 2016

Proskauer - California Employment Law on 10/26/2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

CA Governor Signs Bill Allowing Actors to Delete Their Age from Online Profiles

Proskauer - California Employment Law on 9/30/2016

On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed...more

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

Robinson+Cole Data Privacy + Security Insider on 11/2/2015

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Second Circuit Upholds NLRB Decision: Discharge of Employees for Facebook “Likes” Was Unlawful

Franczek P.C. on 10/29/2015

On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

Holland & Knight LLP on 10/29/2015

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Burr & Forman on 8/25/2015

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

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Hiring & Firing › Online Platforms

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