News & Analysis as of September 23, 2024

Hiring & Firing › Supervisors

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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 -

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

Genova Burns LLC on 3/1/2024

On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Getting Ready to Hire Seasonal Workers? Here’s Your 10-Step Compliance Plan

Fisher Phillips on 11/20/2023

Employers across a wide variety of industries are looking to ramp up their hiring efforts as the holiday season begins. Indeed, many businesses will rely on temporary workers to meet the uptick in demand that holiday shopping...more

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

Sheppard Mullin Richter & Hampton LLP on 4/9/2020

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Workplace Romance: Do You Have a Policy for That? If You Don’t, You Should

Rumberger | Kirk on 1/24/2020

In the wake of McDonalds’ CEO Steve Easterbrook’s decision to step down for having a consensual relationship with an employee in violation of company policy, many are left wondering, is there any room in the restaurant...more

Case law update – France / Second semester of 2019

Dechert LLP on 1/21/2020

This newsletter summarises four significant judicial decisions over recent months. 1. The purpose of a probation period is for the employee’s skills to be assessed. Therefore an employee’s absence would extend the...more

The Right Talent, Right Now

Stokes Wagner on 11/1/2019

Employers throughout the U.S. are wrapping up October by participating in National Disability Employment Awareness Month (NDEAM), a tradition that can be traced back to 1945. The purpose of NDEAM is to raise awareness about...more

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

Parker Poe Adams & Bernstein LLP on 9/6/2019

In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

Christus St. Vincent Sued by EEOC for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 8/24/2019

Hospital Supervisors Refused Accommodation for Deaf Employee, Federal Agency Charges - SANTA FE, N.M. - Christus Health, doing business as Christus St. Vincent Regional Medical Center in Santa Fe, N.M., violated federal...more

FAQs About Skip-Level Meetings: A Critical Management Tool

Fisher Phillips on 6/17/2019

It is never good to put off dealing with a problem employee. Whether it is misconduct, poor performance, or simply an attitude that impairs your team’s ability to work together well, the time to act is now. Waiting to act...more

2018 Legislative Update for California Employers

Conn Maciel Carey LLP on 12/15/2017

California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more

California Employment Law Update: What’s New for 2018

Davis Wright Tremaine LLP on 12/6/2017

2017 has been a busy year for the California legislature, with the result that a number of new and significant employment laws have been added to the books and will take effect on January 1, 2018. Employers should take note...more

Failure to Train Managers and Supervisors Cost Company $284,000 for Violation of the Family Medical Leave Act

Clark Hill PLC on 11/16/2017

In Boadi v. Center for Human Development, Inc., a jury found an employer liable for interfering with an employee's exercise of her Family Medical Leave Act (FMLA) rights, awarding four years of back pay and benefits. The...more

“Not My Employee, Not My Problem.” Oh, Yeah?

Constangy, Brooks, Smith & Prophete, LLP on 7/21/2017

Employers, has this ever happened to you? A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays...more

Web Exclusive: The Changing Face Of Discrimination

Fisher Phillips on 6/9/2017

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does...more

A Review of Recent Whistleblower Developments

Foley & Lardner LLP on 4/21/2017

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. ...more

Chris Lazarini Examines Case of Constructive Discharge in Employment Discrimination Case

Bass, Berry & Sims PLC on 11/17/2016

Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more

Harvey Specter on human resources

FordHarrison on 7/19/2016

Season 6 of Suits aired on USA Network on July 13 with Mike Ross in prison, serving his two-year sentence as a consequence of working as an associate for one of Manhattan’s top law firms, despite not being an admitted...more

Second Circuit Finds Human Resource Manager Personally Liable for FMLA Violations

Parker Poe Adams & Bernstein LLP on 4/6/2016

The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more

Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

Proskauer - Law and the Workplace on 3/22/2016

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more

Employment Law - October 2015 #2

Manatt, Phelps & Phillips, LLP on 10/19/2015

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

The Ten Most Important Rules for Employers

Zelle LLP on 10/9/2015

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Inability to Work Under A Particular Supervisor Is Not a Disability in California

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/24/2015

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

Fourth Circuit Says Host User of Temporary Employee Liable for Title VII Violations

Parker Poe Adams & Bernstein LLP on 8/3/2015

Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally...more

Supervisor’s Failure To Engage In Interactive Process With Disabled Employee May Convert Employee’s Resignation Into Constructive...

Franczek P.C. on 10/2/2013

In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more

Zoria Farms and Z Foods Sued by EEOC for Sexual Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 9/26/2013

Dried Fruit Producer Fired a Class of Workers Who Protested the Widespread Abuse by Supervisors, Federal Agency Charges - FRESNO, Calif. - Z Foods, Inc., doing business as Zoria Farms, and its predecessor company,...more

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Hiring & Firing › Supervisors

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