Hiring & Firing

Age Discrimination Claims Remain Popular

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/17/2013

Marc Santos and Geraldo Zaffa are two firefighters who filed a lawsuit against the Milpitas Fire Department for alleged age discrimination. The two men were placed on a list of qualified state and local firefighters by the...more

Employers Should be Aware of Updated I-9 Form

by Randi W. Kochman | Cole Schotz on 5/17/2013

As most employers are aware, the Immigration Reform and Control Act of 1986 (the “Act”) requires employers to verify that their employees are legally authorized to work in the United States. The Department of Homeland...more

Interview With Employee Retention Expert Dick Finnegan

by Jathan Janove | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/16/2013

Best-selling author and CEO of C-Suite Analytics, Dick Finnegan has been cited by Businessweek, Chief Executive magazine, and Consulting magazine as the leading thinker on employee retention. I had a chance to query him on a...more

Whose Social Media Account Is It, Anyway?

by Odia Kagan | Pepper Hamilton LLP on 5/16/2013

A detailed social media policy specifically addressing the ownership of social media accounts is key to a corporation’s ability to maintain ownership of an employee’s account after the employee leaves the corporation....more

Easing the Time-frames: W.Va. Relaxes the Time in which Employer Must Pay Discharged Employees

by Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

Because of recently-enacted changes to the West Virginia Wage Payment and Collection Act, West Virginia employers will have more time to pay final wages to discharged employees. Prior to this change, the Wage Payment and...more

Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know

by Brian Arbetter, Terese Connolly | Sheppard Mullin Richter & Hampton LLP on 5/16/2013

Mexico’s new Federal Labor Law (FLL) took effect on December 1, 2012. The reform seeks to modernize Mexico’s labor law. The new FLL’s major, employment related amendments include increased regulation of outsourcing jobs,...more

International Dismissal Toolkit: Individual Employment Terminations and Reductions-in-Force Outside the United States

by Donald C. Dowling, Jr. | White & Case LLP on 5/16/2013

Firing an employee in the United States can be a challenge. Group firings—reductions in-force — can be an even bigger challenge. And from the point of view of a multinational headquartered in the United States, overseas...more

Employment And Labor Law Alert: Minnesota "Bans The Box"

by Christina Sans | Leonard, Street and Deinard on 5/16/2013

On Monday, Governor Dayton signed the Criminal Background Check Act (S.F. No. 523) into law in Minnesota, restricting the circumstances under which employers may request information regarding an applicant's arrests or...more

SuperVision Today - 2nd Quarter 2013

by Erin Jones Adams, R. Scott Adams, Alyesha Asghar Dotson, Carrie Harris, Eric W. Iskra, Eric E. Kinder, Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

Facebook Discussion About "Street People" Protected

by Adam Santucci | McNees Wallace & Nurick LLC on 5/15/2013

In a recent decision involving employee social media activity, the National Labor Relations Board held that a high-end clothing boutique in San Francisco violated the National Labor Relations Act when it terminated employees...more

Receipt Of Pornographic Material Was Not Just Cause For Dismissal: Appeal Court

by Catherine P. Coulter | Dentons on 5/14/2013

In the 2001 case of McKinley v. B.C. Tel, the Supreme Court of Canada ruled that a contextual approach is required in order to determine whether there is just cause for termination of employment. A recent wrongful dismissal...more

"They Owe You" Does Not Always Mean You Can Withhold

by Bennett Epstein | Foley & Lardner LLP on 5/14/2013

It is common for employees to separate from employment while still owing money to their employer. Such indebtedness can be generally attributed to a variety of causes, which can be broken down into three categories...more

Legislative Update: Social Media Account Protection and Paid FMLA?

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/14/2013

With just a few weeks left in what has turned out to be a very unpredictable legislative session in Connecticut, there are still several bills up for consideration that employers need to be on the look out for. ...more

The Force is Sometimes Against Us

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/14/2013

Julie Gilman Veronese sued Lucasfilm Ltd. in 2009 after she was hired—and then fired—as an assistant to the estate manager at George Lucas’s San Anselmo estate. She claimed she was fired because she was pregnant....more

Federal Construction Contractors Beware: OFCCP Wants You!

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Steps To Consider Before Hiring An Employee from A Competitor To Minimize The Likelihood Of Litigation

by Thomas Dye | Carlton Fields on 5/10/2013

Hiring an employee away from a competitor can be a potential legal minefield. It can lead to significant exposure to lawsuits for causes of action including misappropriation of trade secrets, claims of tortious interference...more

Employers Must Use The New Form I-9 Starting May 7, 2013; Is Your Organization Prepared?

by Anthony Derosby, Katie Nokes Minervino | Pierce Atwood LLP on 5/9/2013

A new version of Form I-9 was released by USCIS on March 8, 2013. Employers were required by law to begin using the new version of Form I-9 effective immediately, but USCIS gave employers a 60-day grace period to implement...more

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

by Jessica Goldenberg | Proskauer - Privacy & Data Security on 5/9/2013

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more

Employment Law in the News: Paid Sick Leave in NYC, Social Media in NJ, Mandatory NLRB Posters

by Julie Levinson Werner | Lowenstein Sandler LLP on 5/9/2013

Mandatory Sick Leave Coming to New York City - Businesses with 20 or more employees will be required to provide paid sick time to their workers, if legislation before the New York City Council is passed. Although Mayor...more

Are You Using the Correct Form I-9?

by Eric S. Bord, Lisa Stephanian Burton, Tracy Evlogidis, Malcolm K. Goeschl, Eleanor Pelta, A. James Vázquez-Azpiri | Morgan Lewis on 5/8/2013

Use of the new form is mandatory starting May 7, 2013. As we reported earlier, on March 8, the U.S. Citizenship and Immigration Services (USCIS) announced a newly revised Employment Eligibility Verification form, Form...more

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more

Recent PAC Rulings Find University And Park District In Violation Of Open Meetings Act

by Amy Kosanovich Dickerson | Franczek Radelet P.C. on 5/8/2013

In a recent decision, the Public Access Counselor (PAC) ruled that Western Illinois University Board of Trustees violated the Open Meetings Act (OMA) when it voted to terminate a faculty member in closed session. According to...more

SITA Information Networking Computing USA Settles EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Company Withdrew Job Offer Because of Cancer Surgery, Federal Agency Charged - ATLANTA - An Atlanta-based air transport communications and information technology company has agreed to settle a disability discrimination...more

New Version of I-9 Form Effective Today

by David Whitlock | Miller & Martin PLLC on 5/8/2013

All employers are reminded that the newly revised I-9 form, issued by the Department of Homeland Security on March 8, 2013, must be used for all new hires beginning today. Use of the older version of the form after today...more

I-9 Employer Verification Form – Use New Version Starting May 7, 2013

by Diane M. Butler | Lane Powell PC - Immigration Law on 5/8/2013

Employers must begin using the new version of Form I-9 on May 7, 2013. U.S. Citizenship and Immigration Services (USCIS) under the Department of Homeland Security (DHS) announced publication of the revised Form I-9 for...more

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