News & Analysis as of

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 -

New California Labor and Employment Laws for 2018

by Holland & Knight LLP on

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

Sixty-Day Grace Period for Nonimmigrant Workers after Loss of Employment

by Wilson Elser on

The U.S. Department of Homeland Security has promulgated a regulation affecting highly skilled foreign workers when they lose their jobs. The stated purpose of the regulation is to improve the ability of U.S. employers to...more

Employee Quits and Then Slips: Covered Under Workers’ Comp or Not?

Is an employee who quits her job then injures herself before she gets out the door still covered by workers’ comp? In a recent Tennessee case of first impression, the court ruled that after an employee says “I quit,” the...more

Summary of Select New Laws Impacting California Employers

The new year will bring many changes to California’s employment laws in various areas, including hiring practices (such as a statewide “ban the box” law); leaves and benefits (including expansion of parental leave to small...more

New Year, New Laws: 2018 California Employment Roundup

by Vedder Price on

California employers will be ringing in the new year with additional and expanded legal obligations. Laws taking effect January 1 include: - California “Bans the Box” – Employers with five or more employees will be...more

Full Eleventh Circuit Declines to Revisit Meaning of Race Under Title VII

Title VII of the Civil Rights Act of 1964 prohibits race discrimination in employment, but it does not define what race means. Over the past decade, the Equal Employment Opportunity Commission has shifted its definition of...more

Employers, Take Notice: New Employment Laws May Affect Your Business

by Buchalter on

Year after year, the California Legislature and the Governor implement new employment laws that place additional requirements on employers throughout the state. The employment laws that become effective on January 1, 2018...more

California Passes Immigrant Worker Protection Act

California Governor Jerry Brown has signed the Immigrant Worker Protection Act (AB 450), which restricts public and private employers in California from admitting immigration inspectors to the workplace without a judicial...more

ALERT- Plaintiff’s Bar Currently Targeting Online Hiring Practices: What Your Company Needs To Know

by Jackson Lewis P.C. on

The latest target of the plaintiff’s overly-aggressive tactics—a company’s use of recruitment ads in hiring employees. All industries and all forms of advertising are potentially coming under attack, including social media...more

New Jersey Legislature Wants to Limit Restrictive Covenants

In keeping with the national trend limiting the use of restrictive covenants, in November 2017, the New Jersey Senate introduced SB3518, a bill setting forth sweeping restrictions that would limit the enforceability of...more

Steps to Determining Availability of Qualified Minority and Female Job Candidates

As part of a statistical analysis for an affirmative action program for minorities and females, contractors must estimate external availability in order to determine utilization and annual placement goals. Contractors are...more

Don’t “Shoot Your Eye Out” Defending Unemployment Benefits Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The ordinary headaches of responding to unemployment claims with the EDD do not have to bog down employers in 2018. Here, we provide recommendations for managers to consider before the ball drops in Times...more

In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury For Failure to...

by Akerman LLP - HR Defense on

Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able...more

Refusal By Employer To Remove Letter Of Reprimand From Employee’s Personnel File Creates Viable Claim For Retaliation

by Jackson Lewis P.C. on

In Munive v. Fairfax County School Board, the Fourth Circuit recently ruled that an employer’s refusal to rescind a disciplinary notice issued after claimant filed a discrimination charge with the Equal Employment Opportunity...more

How to Get Yourself Fired for a Facebook Post

by Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

California WARN Act Notice Requirements Apply to Temporary Layoff

by Farella Braun + Martel LLP on

The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs, even if anticipated to last less than six...more

Maxed Out: Unfair Dismissal Claims Recognised for Fixed Term Employees

by K&L Gates LLP on

A recent decision of the Full Bench of the Fair Work Commission delivered last Friday has substantially changed the unfair dismissal landscape and the law governing fixed and maximum term contracts of employment, putting...more

LinkedIn Activity May Violate Non-Solicitation Agreements

by Pepper Hamilton LLP on

Q: A former employee has invited some of her former co-workers and clients to connect on LinkedIn. Is this a violation of her non-solicitation agreement with our company? ...more

Employers: Paid Family Leave is IN and Salary Inquiries are OUT

by Vedder Price on

Recent employment legislation in New York State and New York City affords new benefits and protections to employees and job applicants. These laws also bring new obligations for employers. Before the holiday season is in full...more

Did Gig Economy Growth Contribute To Strong November Jobs Report?

by Fisher Phillips on

By most objective measurements, the Labor Department’s December 4 jobs report was solid. CNN Money reported that employers added 228,000 jobs in November, while the unemployment rate remained at a 17-year low of 4.1%....more

Trump Tweets and Unemployment

Christmas is nearly upon us, and with it, those uncomfortable political discussions at the dinner table with loved ones. We all know that one person who is not shy about telling everyone why he or she supports a particular...more

Spokane City Council Approves “Ban-the-Box” Ordinance for Private Sector Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Spokane City Council recently approved a “ban-the-box” ordinance, which, if it becomes law, will prohibit employers from requesting and considering criminal history until after an interview. The Mayor...more

California's New Anti-Harassment Training Requirement (SB 396). Are You Ready?

On October 15, 2017, California passed Senate Bill (SB) 396, a new law that requires employers to train supervisors on how to identify and prevent harassment based on gender identity, gender expression and sexual orientation....more

The Legal Pitfalls Inherent in Using “Works Made for Hire” in California

by LeClairRyan on

Labor and employment issues are frequently triggered in the entertainment space, particularly in California. Some of these issues are well-known by practitioners in both areas of practice, while others can be a bit more...more

Medical Marijuana is Coming—Is Your Business Ready?

In 2018, Arkansas businesses will face for the first time the prospect that job applicants and employees will produce a medical marijuana registry ID card approved by the Arkansas Department of Health (“ADH”) in response to a...more

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