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 -

Don’t Ask – Don’t Tell in Job Interview?

by Ruder Ware on

A number of states have passed legislation prohibiting an employer from asking a candidate for a new job about his or her salary history in other employment settings. While such a law has not passed in the State of Wisconsin,...more

Illinois Senate Fails to Override Governor’s Veto of Salary History Ban

Bucking the nationwide trend, Illinois was unable to pass a law prohibiting employers from asking job applicants about their salary history. On November 9, 2017, the Illinois Senate failed to override Governor Rauner’s veto...more

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

by Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

Yoga and Massage Therapist Fired for Being “Too Cute” Sees Gender Discrimination Revived on Grounds of Unjustified Spousal...

A New York appeals court recently ruled in Edwards v. Nicolai (153 A.D.3d 440 (N.Y. App. Div. 1st Dep’t 2017)) that an employment termination motivated by the sexual jealousy of an employer’s spouse may support a claim for...more

U.K. Court Orders Employee To Hand Over Personal Computer

It is increasingly common that there are disputes with employees at the end of employment about whether or not they have taken or retained an employer’s confidential information. Most employers in the UK have a provision...more

California Restrictions on Asking Applicants for Prior Salary Information: FAQs

by Davis Wright Tremaine LLP on

We have previously analyzed the growing trend around the country to ban employer inquiries into an applicant’s prior salary. This advisory addresses frequently asked questions about the new California law, which goes into...more

Employees and sickness leave: limits to protection against dismissal / Salariés et incapacité de travail : limites la protection...

by Allen & Overy LLP on

Investigations of a private detective as a means of proof - As a result of the rules on the protection against dismissal, an employer may be prevented from dismissing an employee based on the submission of several sickness...more

Ontario Court Rules Working Notice Wrongly Applied in Mass Termination Class Action

The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a “mass termination” following a business closure. The Superior Court’s decision in...more

California Law Restricts Employer’s Consideration of Job Applicants’ Criminal History

by Perkins Coie on

Governor Jerry Brown has signed A.B. 1008 which amends the California Labor Code effective January 1, 2018, to prohibit employers from considering or inquiring about “an applicant’s conviction history,” “arrests not followed...more

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more

Deportation and Employment Enforcement Likely to Increase with Nomination of New Director for ICE

Worksite immigration enforcement is likely to increase dramatically in the near future, and employers should make a thorough review of their hiring and employment practices to ensure they are compliant with federal laws and...more

New Law Prohibits Prior Salary Inquiries and Requires Pay Scale Disclosure on Request

by Ervin Cohen & Jessup LLP on

Effective January 1, 2018, California Assembly Bill 168 (AB 168) prohibits asking job applicants about their salary history (including other forms of compensation and benefits), or otherwise seeking this information. Further,...more

Failure to Train Managers and Supervisors Cost Company $284,000 for Violation of the Family Medical Leave Act

by Clark Hill PLC on

In Boadi v. Center for Human Development, Inc., a jury found an employer liable for interfering with an employee's exercise of her Family Medical Leave Act (FMLA) rights, awarding four years of back pay and benefits. The...more

Employees Have a Right to Complain About Intoxicated Co-Workers

The likely reaction to the title of this article would be: well of course they do. Workplace rules of conduct typically prohibit being under the influence of alcohol or drugs, and although the condition of alcoholism might be...more

California Adopts State-Wide Restrictions on Criminal History Inquiries for Job Applicants

by Davis Wright Tremaine LLP on

Governor Jerry Brown recently signed Assembly Bill No. 1008, which restricts how and when public and private employers can ask applicants about criminal history when applying for employment in California. The new restrictions...more

Three Stripes and You're Out: Coach Pitino's Outrage Against Adidas

by Stinson Leonard Street on

The FBI recently charged 10 people, including four college basketball assistant coaches at prominent Division I universities and a head executive at Adidas inter alios, with corruption and bribery crimes for...more

Talent Software – Perfect Solution Or Perfect Storm?

by Jackson Lewis P.C. on

Using talent-finder software to simplify hiring decisions is all the rage. Hiring managers across the country love the idea that one of their most difficult tasks – hiring – can now done through software. So, what is good...more

States take pay disparity laws a step further by banning pay history inquiries

by McAfee & Taft on

Many states already have laws aimed at closing the wage gap. Whether they are couched as pay disparity, pay equity, equal pay, or pay transparency laws, the goal is the same – equal pay to women for equal work. Some states...more

Employment Law Reporter November 2017: California’s New Ban the Box Law

by Ervin Cohen & Jessup LLP on

Beginning January 1, 2018, Assembly Bill 1008 (AB 1008) will prohibit employers with five or more employees from inquiring about criminal history on an employment application or before making a conditional employment offer,...more

Federal Court Enters Judgment in Favor Of EEOC In Suit Charging Equal Pay Act Violation By Pizza Restaurant

Pizza Studio Violated Federal Law by Offering Woman Less Pay Than a Man and Withdrawing Job Offer When She Complained - ST. LOUIS - A federal district judge in Kansas entered judgment today in favor the U.S. Equal...more

Asking Employment Applicants for Their Salary History Soon Illegal in California

by Benesch on

“What did you make at your last job?” is becoming another question prospective employers cannot ask in more and more places. Effective January 1, 2018, California public and private employers will not legally be allowed to...more

Albany County, New York Passes Salary History Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In line with a wave of salary history bans going into effect across the country, Albany County, New York just passed its own salary history ban. ...more

House Passes Bill Limiting Joint-Employer Liability

by Ballard Spahr LLP on

The U.S. House of Representatives last week passed H.R. 3441—the Save Local Business Act—which, if enacted, would redefine the term "joint employer" under the National Labor Relations Act (NLRA) and the Fair Labor Standards...more

Passage of the Save Local Businesses Act in the House May Signal a Broader Rejection of Obama-Era Rules On Joint Employment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act. If passed by the Senate, the bill would overturn Obama-era decisions and agency guidance broadly defining and...more

Illinois Senate’s Surprising Failure to Override Governor’s Veto of Equal Pay Bill

As a follow up to a recent post on this blog, Illinois Equal Pay Act Likely to be Amended to Prohibit Salary History Inquiries, and in a surprising turn of events, the Illinois Senate did not overturn Governor Bruce Rauner’s...more

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