News & Analysis as of

Employer Liability Issues Hiring & Firing Municipalities

Ervin Cohen & Jessup LLP

Los Angeles and San Diego Counties Enact Fair Chance Ordinances for Unincorporated Areas

In 2016, the city of Los Angeles passed the Fair Chance Initiative for Hiring Ordinance (FCIHO). Preempting California’s Fair Chance Act (FCA) by nearly two years, the FCIHO prohibits private employers operating in the city...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Adopts Final Rules on Automated Decision-making Tools, AI in Hiring

On April 6, 2023, the New York City Department of Consumer and Worker Protection (DCWP) adopted highly anticipated final rules implementing the city’s law regulating the use of automated employment decision tools (AEDT) tools...more

Seyfarth Shaw LLP

Louisiana Expands its Non-Compete Statute in Favor of Companies

Seyfarth Shaw LLP on

In a strengthening of company contractual rights, the Louisiana Legislature recently expanded its state non-compete statute by permitting a corporation, partnership, or limited liability company to enter into agreements with...more

Epstein Becker & Green

Fifth Circuit Upholds Proposed Reasonable Accommodation Offered in Response to Mandatory Vaccination Policy

Epstein Becker & Green on

We have written extensively on mandatory vaccination policies and employers’ obligations to accommodate requests for exemption based on religious or disability grounds. The Fifth Circuit Court of Appeals has issued a recent...more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Harris Beach Murtha PLLC

New York State Issues Guidance for Employers on Salary History Ban

As noted in our previous Legal Alert, New York’s new “salary history ban” law took effect on January 6, 2020. New York State has now issued guidance on the law that clarifies certain aspects of the salary history ban. In...more

Parker Poe Adams & Bernstein LLP

NYC Prepares Ban on Pre-Employment Marijuana Testing

On April 9, the New Your City Council voted overwhelmingly to approve a measure that would ban pre-employment marijuana testing for workers in the city, with a number of specific exceptions. Mayor Bill de Blasio has indicated...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Are You Ready? Westchester County, NY Bans the Box Effective March 4

Westchester County, New York, which is located on the outskirts of the New York City metropolitan area, has enacted a ban-the-box law that places limits on an employer’s ability to make preemployment inquiries into and...more

Epstein Becker & Green

Westchester County “Bans the Box”

Epstein Becker & Green on

Effective March 4, 2019, Westchester County will become the fourth local jurisdiction in New York State to “ban the box”—i.e., prohibit employers from including questions about applicants’ criminal convictions or arrests on...more

Best Best & Krieger LLP

City Can’t Restrain Employee’s Critical Comments - Ninth Circuit Holds It Is OK to Speak on Matters of Public Concern as a Private...

A city employee’s comments at a public event were not protected under the First Amendment because she spoke as a public employee, not a private citizen, a federal appeals court held in Barone v. City of Springfield. However,...more

Littler

Michigan Expands its Preemption Law to Cover Interview Limitations

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On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prohibits local governments from regulating the information employers can request from prospective employees during the interview process. ...more

Holland & Knight LLP

New Procedures for Handling Juvenile Police Records for Illinois Municipalities

Holland & Knight LLP on

• Public Act 100-0285, recently signed into law, amends the Illinois Juvenile Court Act. The amendment prohibits law enforcement agencies from disclosing records involving minors who commit ordinance violations. • The...more

Littler

Will Illinois Ban Salary History Inquiries? Hang on for a Bumpy Override!

Littler on

As the 2017 legislative session closed in Illinois, Governor Bruce Rauner vetoed several measures relating to labor and employment issues. He rejected a statewide minimum wage increase, for example, as well as a ban on salary...more

Dorsey & Whitney LLP

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the...

Dorsey & Whitney LLP on

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more

Seyfarth Shaw LLP

The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions

Seyfarth Shaw LLP on

Seyfarth Synopsis: Indiana Senate Bill 312 (the “Bill”) provides, among other things, that a political subdivision of the state, including a municipality, may not prohibit an employer from obtaining or using criminal history...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mayor De Blasio Signs New York City Law Barring Salary History Inquiries

As we previously reported, the New York City Council recently passed a bill restricting an employer’s ability to ask job applicants about their salary, benefits, or other compensation history during the hiring process. As...more

Genova Burns LLC

New York City Seeks to Ban Employer Inquiries Into Applicants’ Salary History

Genova Burns LLC on

On April 5, 2016, the New York City Council passed a law amending the New York City Human Rights Law, barring all public and private New York City employers from asking job applicants about their prior wages and salary...more

Fisher Phillips

Portland Passes Strict New "Ban The Box" Law

Fisher Phillips on

The Portland City Council passed its own version of a “Ban The Box” law right before the Thanksgiving holiday, which will require most businesses operating in the city to adjust their hiring practices. Under the strict new...more

Proskauer - Government Contractor Compliance...

Madison, WI Resolution Targets “Ban the Box” Legislation For City Contractors and Vendors

The Common Council of Madison, Wisconsin passed a resolution that prohibits the city (i) from asking questions concerning an applicant’s criminal history on the city’s initial employment applications (i.e., “banning the...more

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