Hiring & Firing Recruitment Policies

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 -
News & Analysis as of

California Raiders … Not the Football Kind

In a pair of recent decisions, two courts interpreting California’s quirky non-compete law confirm that employee non-recruitment covenants in California are enforceable – but only if those covenants are necessary to prevent...more

HiLine Electric to Pay $210,000 to Settle EEOC Age Discrimination Suit

Industrial Supply Business Used Age Criterion in Hiring and Recruitment Practices, Federal Agency Charged - DALLAS - HiLine Electric Co., a Dallas-based industrial supply business, will pay $210,000 and furnish other...more

White Collar Watch - June 2014

In This Issue: - Whistleblower’s one-two punch: Confidential informant/employee spurs criminal investigation, then successfully sues individual company owner in qui tam action - Alleged illegal recruiting for...more

BALCA Holds Ads in One Newspaper Can Count as Multiple Recruitment Steps

Prior to filing a permanent labor certification (PERM) application for a foreign worker, U.S. employers must conduct a cumbersome recruitment process to first attempt to hire a U.S. worker. Demonstrating that the recruitment...more

Social Media Is Part of Today’s Workplace but its Use May Raise Employment Discrimination Concerns

Experts Tell EEOC That Use of Social Media by Employers, Applicants and Employees May Implicate the Laws EEOC Enforces - WASHINGTON-The use of social media has become pervasive in today's workplace and, as a result, is...more

San Francisco "Bans the Box" for Private Employers and City Contractors

The Mayor of San Francisco recently signed an ordinance that prohibits private employers and city contractors and subcontractors (collectively "contractors") from asking job applicants about their criminal histories until...more

San Francisco “Bans The Box” For Private Employers

As we first discussed here, “ban the box” state laws and local ordinances are picking up traction nationwide. Measures vary in scope and nature, but the typical policy bars employers from asking for criminal history...more

Russian Employment Law: Recruitment and Hiring

Russia, also known as the Russian Federation, is a country with over 143 million citizens. Its capital is Moscow, and its official language is Russian, although there are nearly 30 other languages spoken throughout the...more

Veterans Preference: New Temporary Rule for Oregon Public Employers

The Oregon Bureau of Labor and Industries (BOLI) recently issued a new temporary rule that addresses the veterans preference obligations of Oregon public employers. The temporary rule clarifies that job recruitment...more

$20 Million Settlement in In re: High-Tech Employee Antitrust Litigation, a Non-Poaching Agreement Case

Three of the seven companies defending allegations that they violated U.S. antitrust law by agreeing not to recruit each other’s employees agreed to settle all claims against them in In re: High-Tech Employee Antitrust...more

Unconscious bias and subjective decision making, the practical and legal ramifications

On August 6, DLA Piper hosted a program addressing Unconscious Bias and Subjective Decision Making - The Practical and Legal Ramifications. Rachel Cowen and Margaret Keane, partners in DLA Piper's Employment practice,...more

California's State Water Project Needs to be More Efficient - BB&K Attorney Joseph Byrne Examines Why Increased Efficiency is Key...

Water in California sparks news headlines on nearly a daily basis. Much of the attention is focused on the Sacramento-San Joaquin Delta, a sprawling river delta and estuary wedged between Sacramento and Stockton that acts as...more

BigLaw's Scramble to Hire the Best [Video]

July 3 (Bloomberg Law) -- Jay Grushkin, hiring partner at New York's Milbank Tweed, talks with Bloomberg Law's Lee Pacchia about how the hiring season has changed since the recession in BigLaw began in 2008. Elite law schools...more

Employment Law Update: Immigration Reform on the Hill

This month, all American employers should keep a watchful eye on the debate on comprehensive immigration reform. The expansive bill that has taken center stage on the floor of the U.S. Senate, will impact recruiting and...more

A Glimpse Into the Future: The EEOC’s New Strategic Enforcement Plan

Stating that now is an “opportune moment for transformative change” that will require a strategic focus of resources and a rigorous commitment to reducing discriminatory practices in the workplace, the Equal Employment...more

New York City on the Verge of Prohibiting Discrimination Based on an Individual's Unemployment Status

New York City employers beware: The New York City Council has once again acted to expand the nation’s broadest anti-discrimination law – this time to prohibit discrimination against New York City’s unemployed. While several...more

Proposed New York City Law Would Be First in Nation to Provide a Private Right of Action for Discrimination Against the Unemployed

The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the...more

EEOC Priorities and Questions to Avoid in the Hiring Process

On December 17, 2012, the EEOC approved its strategic enforcement plan for 2013-2016. Listed first among its national priorities is eliminating barriers in recruitment and hiring. Specifically, the EEOC stated that it will...more

OFCCP Announces 2013 Agenda

On December 21, 2012, the Office of Federal Contracts Compliance Programs ("OFCCP") published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions ("Unified Agenda"), as required by Executive...more

EEOC’s New Strategic Enforcement Plan Highlights Emphasis on Systemic Discrimination Cases

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) adopted a new Strategic Enforcement Plan (SEP) setting forth its priorities and methods of enforcement for the next 4 years. ...more

Many Companies Placing Emphasis On Cultural Fit Over Qualifications When Hiring New Employees

A client shared an interesting article that appeared recently in BusinessWeek which highlights a growing emphasis among H.R. professionals and job interviewers in finding job candidates that are a good “cultural fit” for an...more

EEOC Releases Its Strategic Enforcement Plan

On December 17, 2012, the EEOC released its Strategic Enforcement Plan. As previously reported, the EEOC released the draft SEP for public comment on September 4, 2012, with a plan to vote on and implement it by October 1....more

5 Best Practices for Employers Addressing Social Media Use in the Workplace

For the second year in a row, Proskauer has conducted a global survey, “Social Media in the Workplace Around the World 2.0”, which addresses the use of social media in the work place....more

Global HR Hot Topic - January 2013: Cross-Border Diversity Initiatives for Recruiting and Retention

Challenge: Diversity initiatives that promote recruiting and retaining a diverse workforce are increasingly important outside the US. But transplanting a US diversity initiative for overseas workers risks confusion,...more

Unpaid Interns, Volunteers, And Trainees

Who, What, Why . . . Who does it apply to: Every employer who has or intends to hire unpaid interns. When must an intern be paid: All “employees” of a business must be paid at least minimum wage unless they are a...more

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