Hiring & Firing

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

The Changing Landscape for Services Contractors

Two recent developments have the potential to change the landscape for contractors providing services to the Government. Government contractors and subcontractors are required to comply with a host of regulations governing...more

Employee investigation tips

Employers investigate all sorts of odd or disturbing claims. Knowing how to properly investigate these claims is critical. A recent case from the Tenth Circuit Court of Appeals put this on full display....more

Mims Distributing Company to Pay $50,000 Lawsuit to Settle EEOC Religious Discrimination Lawsuit

Beer Distributor Unlawfully Refused to Hire Rastafarian Because He Refused to Cut His Hair, Federal Agency Charged - RALEIGH, N.C. - Mims Distributing Company, Inc. will pay $50,000 and furnish other relief to resolve...more

New York Trial Court Provides Guidance on Application of Corrections Law Factors

It should come as no surprise to New York employers that making an employment decision based on an applicant or employee's criminal background can be unlawful. See N.Y. Corr. Law § 752; see also N.Y. Exec. Law § 296 (15).  ...more

Employment and Labor Law Road Map for Employers Entering the U.S. Market

Foreign companies and investors that enter the U.S. market will be governed by numerous state and federal labor and employment laws. When opening a business in the United States, it is therefore critical to work with...more

California’s Fair Chance Employment Act Targets Construction Contractors

A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite...more

Post-termination restrictions in a nutshell - to what extent will they protect your global business?

United Kingdom - In the UK, a contractual term restricting an employee's activities after termination of employment will be void for being in restraint of trade and contrary to public policy, unless the employer can...more

New year - New social media policy?

Game Retail Limited v Mr C Laws - In what is thought to be the first such case involving Twitter, the Employment Appeal Tribunal has overturned an Employment Judge’s decision that an employee was unfairly dismissed...more

10 Steps to Hiring Without Violating Disability Discrimination Laws

Regardless of whether a job applicant has an apparent disability, employers should always follow these 10 steps to reduce the risk of liability for running afoul of the anti-discrimination provisions of the ADA or the FEHA....more

Michigan Protects Employers from Negligent Hiring and Retention Claims

On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana, Georgia, Tennessee, and Texas recently passed...more

Effectively Managing Workforce Contraction in Turbulent Times

The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With predictions that low oil prices will extend well into 2016, such...more

Here We Go Again: H-1B Petitions Must be Filed by March 31

It is that time of year again. Immigration practitioners are gearing up for a busy H-1B season. Just as accountants have their April 15 deadline for filing tax returns, employers, foreign nationals, and immigration counsel...more

Plaintiffs' Class Action Claims Target Background Checks

Earlier this week, the arts and crafts retailer Michael’s Stores, Inc. received notice of a new class action lawsuit challenging its use of applicant background checks. The lawsuit alleges that the retailer failed to provide...more

Beyond U.S. Citizens and Lawful Permanent Residents: Are Other Classes of Individuals Legally Authorized to Work Protected from...

In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit. The lawsuit alleges that Northwestern Mutual Life Insurance Company...more

Former Employees Behaving Badly

Commonly, dismissed employees behave badly post-dismissal. Not only does bad behaviour post-dismissal often confirm an employer's difficult decision to terminate the employee's employment, it can also be used to defend an...more

Amendments to the New York Wage Theft Prevention Act Lower Burdens but Increase Liability

The New York Wage Theft Prevention Act (WTPA), passed in 2011, requires, in part, that employers give written notice of wage rates to each newly hired employee within ten days of hire. ...more

Ten New Year’s Resolutions Retail Employers Should Consider Making in 2015

Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what...more

Non-Competition Agreements

Take care when entering into non-competition agreements - This post deals with non-competition agreements in Texas. These rules vary from state to state so if you are not in Texas, you should consult with an attorney...more

Illinois and Chicago “Ban the Box” Laws Take Effect

Illinois’ and Chicago’s “ban the box” laws took effect on January 1. Both laws prohibit private employers from making criminal inquiries until after an applicant has been notified of his or her selection for an interview...more

The Devil is in the Details: What Employers and Businesses Need to Know About the President’s Executive Actions on Immigration

When President Barack Obama first addressed the nation to unveil his Immigration Accountability Executive Actions, the media and the internet were in a frenzy to see who could get the story out first. Despite the fact that...more

Get Your Tootsie-Frootsie Ice Cream; Hiring as Part of Your Compliance Program

One of my great loves is the Marx Brothers. I fell in love with their rapid-fire wiseacre remarks as a teenager and have been enthralled with them since then. I have seen all of their movies, most of their television...more

D.C. Circuit Upholds OFCCP's Disability Affirmative Action Rules

Last year, the Department of Labor’s Office of Federal Contract Compliance Programs issued final regulations requiring that federal contractors subject to Section 503 of the Rehabilitation Act adopt new measures intended to...more

Employers: April 1 Start Date for 2016 H-1B Visa Applications

Employers may first apply for 2016 H-1B visas for individuals not currently in H-1B status on April 1, 2015 with a start date of October 1, 2015. USCIS received approximately 172,500 H-1B petitions during the first week...more

Employers Should Begin Preparation for Opening of FY 2016 H-1B Cap

The beginning of the calendar year is the perfect time for employers to begin planning for the FY 2016 H-1B cap filing season, which will begin on Wednesday, April 1, 2015. ...more

City of Chicago Expands “Ban the Box” Law to Smaller Employers and City Agencies

Effective January 1, 2015, the City of Chicago expanded the coverage of Illinois’s “ban the box” law within city limits. The amended Human Rights Ordinance, Section 2-160-010 of the Municipal Code of Chicago, effectively...more

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