News & Analysis as of June 2, 2025

Employees

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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 -

‘I Really Wanted to Stay’: Amid Success, Regrets, OHRP’s Kaneshiro Hopes Agency Will Be Rebuilt

Health Care Compliance Association (HCCA) on 5/28/2025

When Jerry Menikoff retired at the end of 2022 after leading the HHS Office for Human Research Protections (OHRP) for 14 years, he left behind an agency limping along with 20 employees, less than half of what it needed. For...more

Federal Funding Cuts: Key Considerations for Employers Facing Potential Layoffs

Fox Rothschild LLP on 2/3/2025

The Office of Management and Budget issued a vaguely worded memorandum on Jan. 27, 2025, ordering a blanket freeze (with very limited exceptions) in all federal grants, federal loans, and other forms of federal financial...more

Employer Reactions to Federal Funding Freeze Could Have WARN Act Consequences

Jackson Lewis P.C. on 1/31/2025

As President Donald Trump’s proposed federal funding freeze may take effect within the coming days, organizations that rely upon federal funding may be forced to consider layoffs, furloughs or hours reductions for employees....more

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

Rumberger | Kirk on 1/31/2025

“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

Mintz - Employment Viewpoints on 1/30/2025

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of...more

California Employers: Time-Sensitive Compliance Note for Hiring During Southern California Wildfires

Davis Wright Tremaine LLP on 1/28/2025

The tragic fires in Southern California have touched many lives and impacted many businesses operating in California. Here, we want to alert employers of a notice requirement to newly hired nonexempt employees who will be...more

Doing Business in California Guide Updated for 2025

Fox Rothschild LLP on 1/10/2025

The allure of doing business in California is undeniable. It is the world’s fifth (and moving towards fourth) largest economy and a market of over 39 million people. For employers, however, California presents unique...more

The Role of Compliance in Employee Retention

Thomas Fox - Compliance Evangelist on 12/2/2024

The fight to attract and retain top talent has long been a concern for corporate leaders, but the stakes are even higher for compliance professionals. The insights from the Harvard Business Review (HBR) article Why Employees...more

When Employers Should Seek Employment Counsel: 7 Key Scenarios

Conn Kavanaugh on 11/6/2024

Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

Illinois Becomes Second State to Enact AI Law for Employers

DLA Piper on 8/26/2024

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Role of Leadership in Culture and Course Correcting

Thomas Fox - Compliance Evangelist on 3/26/2024

When it comes to leadership, many people focus on qualities like decisiveness, communication skills, and strategic thinking. While these traits are undoubtedly important, there is another aspect of leadership that often gets...more

But we have an arbitration clause: Considerations when hiring Californians

Health Care Compliance Association (HCCA) on 11/6/2023

It’s 4:45 p.m. on Friday. The human resources (HR) director calls and tells you that your company—or if you are outside counsel, your client—is finally expanding their sales operation to the West Coast. As part of that...more

Employment Separation: A Compliance Centric Approach

Thomas Fox - Compliance Evangelist on 10/2/2023

Welcome back to our blog series on building a more effective compliance program! In today’s episode, we dive into the challenges compliance professionals face when dealing with employment separation, layoffs, and managing...more

CPRA Enforcement Activity Underway Despite Court Ruling to Delay

White & Case LLP on 8/16/2023

The California Attorney General's (the "Cal AG") office appears to be moving forward with enforcement activities, despite a recent court ruling delaying enforcement of CPRA regulations. In the past month, since the amendments...more

New York State DOL Issues Amended WARN Regulations

Faegre Drinker Biddle & Reath LLP on 8/4/2023

The New York State Department of Labor (NYS DOL) amended its Worker Adjustment and Retraining Act (NY WARN) regulations, which took effect on June 21, 2023. Both NY WARN and its federal counterpart require covered businesses...more

Anti-Discrimination Concerns in Light of U.S. Export Control Compliance Requirements

Torres Trade Law, PLLC on 8/2/2023

In the United States export control laws and regulations require companies to receive export licenses prior to releasing any controlled items or technologies to non-U.S. persons. The process of determining what is controlled...more

Florida Employers Subject to E-Verify Law Beginning July 1, 2023

Shutts & Bowen LLP on 6/22/2023

Signed into law by Florida Governor DeSantis on May 10, 2023, SB 1718 will impact many private Florida employers, who will be required to use the U.S. Department of Homeland Security’s E-Verify System for their onboarding...more

Federal Trade Commission proposes a noncompete ban: Five things to know

Society of Corporate Compliance and Ethics... on 4/6/2023

By now, most compliance professionals are aware of the Federal Trade Commission (FTC) press release from January 5, which announced its proposed rule to ban noncompete clauses. The FTC proposed adding a new subchapter J,...more

Compliance Today - February 2023. Recruiting for the compliance office in a tight market

Health Care Compliance Association (HCCA) on 2/2/2023

The last couple of years had seen employment in healthcare sputter to serious lows during “the great resignation” when one in five healthcare workers left their jobs and then skyrocketing employment growth, increasing by over...more

Part-Time, Temp Hiring Boom Opens Door to Compliance Pitfalls

Foley & Lardner LLP on 2/11/2022

Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen...more

The Impact of the Pandemic on Corporate Work Culture

The Volkov Law Group on 10/13/2021

As many workers flee their current jobs, burnout and lack of growth opportunities are being cited as two of the biggest reasons. ...more

Checklist of Employer Considerations for Remote Work Policies

Davis Wright Tremaine LLP on 2/2/2021

The COVID-19 pandemic and the proliferation of employees working remotely has prompted employers of every size to contend with new questions about laws applicable to their workers in distant locations. Depending on whether...more

The Use of the Exit Interview in Compliance

Thomas Fox - Compliance Evangelist on 5/3/2016

Blackie Sherrod died last week. To any reader of sports pages across the nation and most particularly in Texas, Sherrod was about as good as it got. For me, he was right up there with Red Smith, Frank DeFord and Shirley...more

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