News & Analysis as of

Recruitment Policies

Regional Accrediting Agency Proposes Ban on Paying Recruiters of International Students

by Hogan Lovells on

On March 27, the Middle States Commission on Higher Education (“Middle States”) released for public comment a draft policy on its expectations for honesty and truthfulness in published information and in student recruitment...more

Recruitment and Wage and Hour Law in Ontario

by Dickinson Wright on

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

Regulatory references: the new rules of recruitment for the financial sector

by Dentons on

On 7 March 2017, the recruitment practices of banks and insurers are changing with the introduction of mandatory regulatory references. It is expected that these rules will be rolled out to all PRA and FCA authorised firms in...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Pooley’s Corner: How to Recruit and Hire While Avoiding Data Contamination

When we think about trade secrets, we usually focus on keeping our own data safe. But an even bigger risk comes from hiring employees who can infect our systems with confidential information from a competitor. Companies often...more

U.S. District Court for the Eastern District of California Holds that Job Applicants May Bring Disparate Impact Claims under ADEA

by SmithAmundsen LLC on

On February 17, 2017, the United States District Court for the Eastern District of California held that job applicants could proceed with their disparate impact claim brought under the Age Discrimination in Employment Act...more

BALCA Decision Serves as Cautionary Tale on Recruitment Requirement

On December 29, 2016, the Board of Alien Labor Certification Appeals (BALCA) issued its decision in the Matter of Unisoft International, Inc., d/b/a SMA (“the Employer”), sending a signal to employers concerning their burden...more

EEOC Sues Marquez Brothers For Hispanic-Preference Hiring

Non-Hispanic Applicants Turned Away From Entry-Level Positions, Federal Agency Charges - FRESNO, Calif. - Marquez Brothers International, Inc. and its affiliates violated federal law when they failed to hire non-Hispanic...more

Federal Contractors Not the Only Ones with Disability Goals

by Jackson Lewis P.C. on

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the...more

A Review of the EEOC's Systemic Initiative: Tracking its Progress, Current Priorities, and Key Developments in FY 2016

by Littler on

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report, which highlights key EEOC developments over the past fiscal year, ending September 30,...more

New Guidance on National Origin Discrimination

by Bass, Berry & Sims PLC on

For the first time since 2002, the Equal Employment Opportunity Commission (EEOC) has updated its guidance on national origin discrimination in the workplace in an effort to address important legal developments over the past...more

EEOC Issues Enforcement Guidance on National Origin Discrimination

by Littler on

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC...more

Five Ways to Bring Your Firm's Culture Into the Recruiting Process

by Pepper Hamilton LLP on

As the pool of top associate talent has decreased over the past several years due to reduced numbers of experienced midlevel associates, increased opportunities for in-house positions, and declining law school enrollment, the...more

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

by Carlton Fields on

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

DOJ, FTC Announce Plans to Criminally Prosecute Employers That Enter into Wage-Fixing or No-Poaching Agreements

by Franczek Radelet P.C. on

In the fiercely competitive market for talent, human resources personnel and recruiters inevitably feel the competing pressures of offering compensation packages that are attractive to potential employees and keeping costs...more

White House Urges States to Reform Non-Competition Laws

by Hodgson Russ LLP on

On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. The call to action follows an earlier report from the White House which...more

EEOC Strategic Enforcement Plan for 2017-2021

by Bass, Berry & Sims PLC on

The Equal Employment Opportunity Commission (EEOC) recently revealed its Strategic Enforcement Plan for 2017-2021. Of course, this Plan was developed before the election of Donald Trump as President. Thus, the information...more

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

by FordHarrison on

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more

EEOC Issues New Strategic Enforcement Plan

Late last month, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its new Strategic Enforcement Plan, which covers fiscal years 2017 through 2021. The Plan lists six areas that the EEOC will prioritize in...more

DOJ and FTC Release Antitrust Guidance for HR Professionals

by Littler on

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

Gig and Technology Sectors Targeted in EEOC Enforcement Plan

by Akerman LLP - HR Defense on

The EEOC is targeting the “21st-century workplace” by focusing on gig economies and the technology sector in its new Strategic Enforcement Plan. The new Enforcement Plan also targets what the EEOC calls “complex employment...more

The Lateral Unicorn – Recruiting a Fantasy

by Timothy Corcoran on

Lateral recruiting has always has been an important approach for growing law firm revenue. However, in too many firms, lateral recruiting has shifted from one of many growth tactics to a critical strategy pursued at all...more

Fiduciary Rule FAQs Challenge Back-End Recruitment Bonuses

by Morgan Lewis on

Financial services firms with active recruiting programs should consider immediately how the DOL’s FAQs affect their compensation packages with respect to back-end recruitment awards. To help the financial services...more

Attention HR: The Antitrust Laws Apply To You Too!

Human resources professionals keep track of a number of laws and regulations administered by several different agencies. For the most part, HR departments have given little attention to federal antitrust law compliance. After...more

Federal Regulators to HR Professionals: Remember that the Antitrust Laws Apply to Employment Too

by Stinson Leonard Street on

The Department of Justice and the Federal Trade Commission jointly issued an Antitrust Guidance for Human Resources Professionals on October 20, 2016. The DOJ and FTC’s guidance follows several highly publicized...more

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