News & Analysis as of

Hiring & Firing › Termination › Department of Labor (DOL)

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 -
Proskauer - Employee Benefits & Executive...

ARPA COBRA Subsidy – When is a Termination of Employment Involuntary?

Proskauer - Employee Benefits & Executive... on

As we previously explained in our prior blogs, both here and here, on the new COBRA subsidy rules, the American Rescue Plan Act of 2021 (“ARPA”), includes a 100% COBRA premium subsidy for periods of coverage occurring between...more

Foley & Lardner LLP

Check Your COBRA Notices in Order to Avoid Potential Lawsuits

Foley & Lardner LLP on

Have you thought about your COBRA notices recently? Of course not, because COBRA notices don’t warrant your valuable time. They are just another one of those pesky notices that the law requires you to send. If that was your...more

Manatt, Phelps & Phillips, LLP

Employment Law - January 2018 #2

Manatt, Phelps & Phillips, LLP on

DOL Reissues Opinion Letters, Adopts ‘Primary Beneficiary’ FLSA Test - Why it matters - Reinforcing a shift in policy, the Department of Labor (DOL) reissued 17 opinion letters on a variety of topics under the Fair...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Manatt, Phelps & Phillips, LLP

Employment Law - April 2017

Manatt, Phelps & Phillips, LLP on

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

Pullman & Comley - Labor, Employment and...

Honesty is the Best Policy

Pullman & Comley - Labor, Employment and... on

May an employer fire an employee for lying about the reason for an absence? In a recent decision, the Connecticut Appellate Court said “yes.” Orlando Martinez worked for Polar Industries as a machine operator. He was...more

Stinson - Corporate & Securities Law Blog

SDNY Awards Front Pay in Sarbanes-Oxley Whistleblower Retaliation Case

Stinson - Corporate & Securities Law Blog on

Perez v. Progenics Pharmaceuticals, Inc., involved a case where Plaintiff Perez drafted a memo to Progenics’ general counsel and his department head, accusing Progenics of committing fraud by publishing a false press release...more

Kramer Levin Naftalis & Frankel LLP

H-1B Employer Found Liable for Substantial Back Wages After Failing to Notify USCIS of Termination

Kramer Levin Naftalis & Frankel LLP on

As we have advised in the past, a bona fide termination of an H-1B employee by an employer only occurs when the employer does all of the following: (1) gives notice of termination to the H-1B worker; (2) notifies U.S....more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Proskauer - California Employment Law on

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Saul Ewing LLP

Higher Education Highlights - Spring 2016

Saul Ewing LLP on

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

Pullman & Comley - Labor, Employment and...

Payment of Accrued But Unused Vacation Pay

Pullman & Comley - Labor, Employment and... on

The Connecticut rules for payment of accrued but unused vacation pay when employment terminates are fairly simple, but a brief refresher may be helpful to employers. Connecticut General Statutes § 31-71f requires...more

Sheppard Mullin Richter & Hampton LLP

[Event] Labor & Employment Law Update & Happy Hour - Sept. 16th, Costa Mesa, CA

Sheppard Mullin Richter & Hampton LLP on

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

Foley & Lardner LLP

Breaking Up Is Still So Hard to Do: DOL Clarifies H-1B Bona Fide Termination Rule

Foley & Lardner LLP on

Employers must navigate through a maze of complex regulations when seeking H-1B temporary authorization to hire foreign nationals in specialty occupations. Yet, as hard as it is to hire H-1B employees, it can be even more...more

Miller Canfield

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

Miller Canfield on

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

Littler

No Longer Black and White, Is the "Definitively and Specifically" Standard Now Grey?

Littler on

While the Department of Labor's Administrative Review Board (ARB) and the majority of federal courts once agreed that, in order to engage in "protected activity" under the Sarbanes-Oxley Act (SOX), a whistleblower must...more

Constangy, Brooks, Smith & Prophete, LLP

Post-Apocalypse (Well, Post-Vacation, Anyway) Employment Law Roundup

Constangy, Brooks, Smith & Prophete, LLP on

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more

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