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Corporate Counsel Hiring & Firing

Over 40 Need Not Apply? Your Age-Neutral Recruiting Practices May Violate the ADEA

by Hogan Lovells on

Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because they are 40 years old or older, and that it is generally unlawful to post a...more

If You Thought the Issues Involving the Hiring of Undocumented Workers Were Resolved -- Dream On

The status of individuals authorized to remain and work in the U.S. under the government’s Deferred Action for Childhood Arrivals (DACA) initiative remains uncertain. That uncertainty is felt by employers who hope to hire...more

The Board Initiates The Internal Process To Consider Rulemaking On The Joint-Employer Standard

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Wednesday, May 9, 2018, the Office of Information and Regulatory Affairs announced that the NLRB is considering rulemaking to establish the standard for determining joint-employer status under the...more

Utah and Idaho Limit Non-Competes and Vermont and Pennsylvania Work to Ban Them

Several states have recently enacted modifications to their respective non-compete laws or have legislation in the pipeline. Most continue the trend of limiting enforceability of non-competes, which are agreements between an...more

NLRB Finds Cocktail Waitress Was Illegally Fired For Voicing Workplace Complaints

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

by Dorsey & Whitney LLP on

Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with...more

Employee Handbook Leads to Dismissal of FMLA Claims against Tennessee Employer

Most, if not all, employers provide their employees with handbooks that explain the policies and procedures that govern the employment relationship. Because this practice is standard, many employers likely forget how critical...more

Unsuccessful Successor: Court Finds Employer May Be Liable In EEOC Lawsuit For Its Predecessor’s Conduct Under Title VII

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Maryland federal district court recently found that a successor employer could be liable in an EEOC lawsuit for its predecessor’s alleged employment discrimination. ...more

New York City Mandates Cooperative Dialogue for Accommodation Requests

by Foley & Lardner LLP on

New York City maintains some of the most expansive and comprehensive human rights laws in the nation. Two new amendments to the city’s laws, which address the process that employers (and other covered entities, such as public...more

D.C. Circuit To The NLRB: Lying Is Not Protected Activity

by Husch Blackwell LLP on

Last week, the U.S. Court of Appeals for the D.C. Circuit reversed and remanded a pro-employee Board decision concerning an employee who had been discharged based on the “disparaging content” of the testimony he made before...more

Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals

In a landmark ruling, a federal court judge in Texas issued an opinion holding—unequivocally—that Title VII protects transgender individuals from discrimination based on their gender identity. Wittmer v. Phillips 66 Company,...more

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

With New Round of No-Poach Allegations, Government Fires a Shot Across the Bow at Anticompetitive Employment Practices

by Alston & Bird on

In the first of what is expected to be a new wave of antitrust challenges to agreements among companies not to recruit or hire each other’s employees, the U.S. Department of Justice Antitrust Division (DOJ) recently announced...more

Salary History Is Not A Permitted ‘Factor Other Than Sex’ Under Equal Pay Act, Ninth Circuit Holds

by Jackson Lewis P.C. on

Prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the Equal Pay Act, the U.S. Court of Appeals for the Ninth Circuit has held in an en banc...more

Banning The Bans: Michigan and Wisconsin Buck the Salary History Ban Trend

by Fisher Phillips on

The backlash has begun: whereas an increasing number of employers are now banned from asking prospective employees about their salary history, local jurisdictions in two states face a ban from instituting such bans. What do...more

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

by Pepper Hamilton LLP on

Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s...more

DOJ Challenges Employer No-Poaching Agreements as Per Se Antitrust Violation

by Holland & Knight LLP on

The DOJ's Antitrust Division sent a powerful message to the business community yesterday when it sued railroad equipment suppliers Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec) for entering into...more

SDNY Grants Summary Judgment Against Plaintiff in SOX Blacklisting Suit

The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment against a Plaintiff claiming retaliatory blacklisting under SOX, holding that a former employer’s policy of refusing...more

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

by FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Washington's Pay Equity Update Prohibits Wage Secrecy Policies, Ensures Equity in Advancement Opportunities

On March 21, 2018, Governor Jay Inslee signed the Equal Pay Opportunity Act (EPOA) into law, updating Washington’s 1943 Equal Pay Act. The 1943 Equal Pay Act created a private right of action for women who are paid less than...more

Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title...more

Eleventh Circuit Upholds EEOC Verdict Challenging Employer’s Policy Favoring Current Employees For Open Positions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a cautionary tale for all employers, the Eleventh Circuit recently upheld a jury verdict of intentional discrimination in an EEOC lawsuit when an employer hired a current employee who was facing an...more

Southern District Court Of California Affirms That Employees Are Not Entitled To Multi-Month, Indefinite Medical Leaves Of...

by Jackson Lewis P.C. on

California employers can breathe a sigh of relief in light of a recent decision from the Southern District Court of California. In Ruiz v. ParadigmWorks Group, Inc., the Court held that an employer is not required to extend...more

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