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 -

Season-ed Employees Need Not Apply

by Verrill Dana LLP on

Earlier this month the EEOC announced that it had reached a settlement with Seasons 52, national restaurant chain. The Florida-based restaurant chain has agreed to pay $2.85 million to settle a nationwide age discrimination...more

M.G. Oil (Happy Jack’s Casino) to Pay $45,000 to Settle EEOC Disability Discrimination Case

South Dakota Company Failed to Hire Applicant Because of Prescribed Medication Taken to Treat Her Disability, Federal Agency Charged - SIOUX FALLS, S.D. - M.G. Oil Company, doing business as Happy Jack's Casino, has...more

The Patchwork of States Prohibiting Salary History Inquiries Grows to Include Vermont and Likely Connecticut

Vermont and likely Connecticut will soon join California, Delaware, Massachusetts, Oregon, and Puerto Rico (along with various cities and counties) in prohibiting salary history inquiries. Vermont Prohibits Salary History...more

Expanding Limits on Applicant Salary History Questions

Manufacturers in Alaska, Arizona, California, Connecticut, Hawaii and Vermont face new limits on the use of an employee’s salary history. ...more

Reminder To Employers: Even The “New” NLRB Will Not Bail You Out If You Terminate An Employee (Union Or Non-Union) Who Discusses...

by Jackson Lewis P.C. on

On Friday, May 4, 2018, the National Labor Relations Board ruled that a janitorial services company violated the National Labor Relations Act when it terminated an employee who pursued wage theft claims and discussed the...more

The Dynamex Fallout: Independent Contractor Classifications Endangered - California Employers Should Heed Recent State Supreme...

by Best Best & Krieger LLP on

In a unanimous ruling, the California Supreme Court in Dynamex Operations West v. Superior Court rejected the decades-old Borello test for determining whether workers should be classified as employees or independent...more

Don’t Get Caught Playing a Game of Telephone – Importance of Consistent Messaging to Federal, State, and Local Agencies

by Pessin Katz Law, P.A. on

You know the game of telephone – one person whispers a phrase into another’s ear, that person whispers the same phrase into another’s, and so on and so on until the final person is left with a phrase completely different from...more

Hiring Minors in the Heat of the Summer: What Employers Need to Know

by Fisher Phillips on

Summertime is quickly approaching and 'tis the season for beach vacations, fun in the sun, and summer hires—many of which will be under the age of 18 years old. In anticipation of summer hires, employers may want to...more

Cooper Machine Company Sued by EEOC for Disability Discrimination

Company Fired Employee Because of Her Disability Federal Agency Charged - ATLANTA - Cooper Machine Company, Inc., a Wadley, Ga., company that sells and manu­factures equipment used in the sawmill industry, violated...more

Massachusetts Places Further Restrictions on Criminal Background Checks

by Foley Hoag LLP on

In 2010, Massachusetts became one of the first states to pass so-called “ban the box” legislation, which barred employers from asking prospective employees about their criminal histories on their initial employment...more

H-1B Cap and Lottery Update

by Moore & Van Allen PLLC on

USCIS has announced that it has completed all data entry of FY2019 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the...more

EEOC Sues Staffing Solutions for Multiple Discriminatory Hiring Practices

Owner Frequently Used Racial Slurs and Forced Out Manager Who Opposed Hiring Discrimination, Federal Agency Charges - BUFFALO, N.Y. - Staffing Solutions of WNY Inc., a Buffalo-based staffing company that places employees...more

Employee Grooming Policies and the Limits of Title VII

by Polsinelli on

Employers may regulate the length, style, and neatness of employees’ hair in the workplace through so-called grooming policies, unless the hair style is a matter of sincere religious observance posing no more than a minimal...more

Philadelphia District Court Strikes Down Portion of Salary History Ban

by Hogan Lovells on

On April 30, 2018, a Philadelphia federal judge issued an opinion striking down a portion of Philadelphia’s salary history ban. Salary history bans have become increasingly common tools used by various cities and states...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash. This weekly update is your source for timely background screening and immigration-related news that is important to your organization....more

Are Things Really That Bad For Mothers At Work?

I'm gonna say no. But yes, if you believe Katherine Goldstein of The New York Times. In "The Open Secret of Anti-Mom Bias at Work," she provides an anecdote about a female, feminist boss -- of all people -- who fired a...more

Don’t Stand So Close to Me: Ten California Sexual Harassment Bills to Watch

In tandem with the growing #MeToo movement, sexual harassment appears to be top of mind for California legislators in 2018. In the wake of Harvey Weinstein, Bill Cosby and the like, California has been flooded with an...more

2018 Arizona Legislative Session: What’s New for Arizona Employers?

Arizona’s fifty-third legislature ended in early May of 2018 while over 50,000 demonstrators protested for increased education funding at the state capitol. While the #RedForEd movement essentially ground all remaining...more

Two Recent Jury Verdicts Award $6 Million and $7.97 Million To Wrongfully Terminated Employees

Two recent verdicts from California Superior Court juries have awarded former employees $6 million and $7.9 million, respectively, in compensatory damages after a finding of wrongful termination. Martinez v. Rite Aid...more

H-1B Cap Update – USCIS Announced Data Entry Complete for FY2019 H-1B Cap Cases on May 15, 2018

by Proskauer Rose LLP on

Approximately six weeks after USCIS started accepting H-1B Cap petitions for FY2019, USCIS announced on May 15, 2018 that all data entry had been completed. H-1B Cap receipts have been trickling in throughout May and it is...more

Federal Court Partially Enjoins Philadelphia’s Ban on Salary History Inquiries

by Epstein Becker & Green on

On April 30, 2018, a federal district court in Pennsylvania issued a preliminary injunction against the City of Philadelphia, preventing the City from implementing the portion of its Wage Equity Law that prohibits employers...more

Vermont Enacts Salary History Inquiry Law

Vermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees....more

USCIS and DOJ Partner to Protect U.S. Workers from Hiring Policies that Favor Foreign Visa Workers

by Littler on

The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) have partnered to establish a framework to efficiently manage and maintain information sharing to better detect and eliminate fraud, abuse,...more

Global Talent Mobility: What Employers in the Oil and Gas Industry Need to Know

by Baker Donelson on

A major obstacle facing oil and gas companies is locating, recruiting, and retaining global talent in light of the heightened attention and scrutiny on United States immigration practices. International companies must enhance...more

Connecticut Soon to Join The Prior Salary Ban(dwagon)

Connecticut Governor Dannel Malloy is poised to sign into law the Act Concerning Pay Equity bill, which has been passed by both the Connecticut House and Senate General Assembly. ...more

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