News & Analysis as of September 25, 2024

Hiring & Firing › Consent

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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 -

Candidate-Friendly Background Screening: How to Ensure Fairness and Transparency in the Hiring Process

Mitratech Holdings, Inc on 11/8/2023

Background screening is a part of life for recruiters and applicants – it’s just something needed to keep your workforce safe. However, it’s also a roadblocker for many organizations that need to hire quickly....more

Changing Rules Governing Artificial Intelligence in Employment

Dorsey & Whitney LLP on 2/3/2023

In recent years, employers have begun to use artificial intelligence, machine learning, algorithms, and other automated systems or technologies (“AI Technologies”) to recruit and hire employees and make other employment...more

Congress Eases Criminal Offense Restrictions for Employment With Financial Institutions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/27/2023

Included in the defense spending bill signed by President Biden in December 2022 is a section with key provisions for financial institutions that will ease restrictions on hiring candidates with criminal records....more

Can Employers Request Medical Information during the Hiring Process?

Barnea Jaffa Lande & Co. on 11/29/2022

Providing medical information about a person is a highly sensitive personal matter. Asking for it as part of the hiring process raises difficulties in relation to both Israeli labor and privacy protection laws. Employers may...more

NYC Set to Finalize New Regulations to Further Complicate Fast Food Workplaces

Fisher Phillips on 2/2/2022

New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more

International Employment Considerations for the Not-So “National” Sports Leagues

Fisher Phillips on 10/20/2021

The term “national” in three of the predominant American major league sports is an increasingly inaccurate term for entities strategically committed to international expansion. The current state of these leagues and their...more

Employee Must Dispute Background Check Finding With Credit Agency, Not Employer

Parker Poe Adams & Bernstein LLP on 4/23/2020

Under the federal Fair Credit Reporting Act (FCRA), applicants or employees undergoing background checks must be given notice of their rights prior to the check being run, and they must provide advance consent to the search....more

2020 Wrap Up: New Tech, New Issues

Verrill on 12/24/2019

Over the past several years, technology has infiltrated more and more aspects of life—including the employment context. With new consumer and business products and platforms being introduced to the workplace on a daily basis,...more

#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News

Epstein Becker & Green on 12/20/2019

A #BigIdeas2020 Trending News interview from Employment Law This Week®, featuring attorney Matthew Savage Aibel of Epstein Becker Green: Employers’ use of facial recognition technology is expected to increase in 2020. But...more

New Artificial Intelligence Law for Illinois Employers in January 2020

Sheppard Mullin Richter & Hampton LLP on 12/4/2019

January 1, 2020, organizations that employ individuals based in Illinois will need to keep in mind the Artificial Intelligence Video Interview Act. This Act sets forth new requirements for video-recorded interviews using AI...more

Is the Use of Artificial Intelligence in the Employee Application Process Worth the Risk?

BCLP on 10/30/2019

As companies increasingly look to artificial intelligence (“AI”) solutions to streamline their business practices, a new area has popped up: the use of artificial intelligence in analyzing videos of job interview applicants....more

Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks

Sheppard Mullin Richter & Hampton LLP on 2/7/2019

Albert Einstein believed “Everything should be made as simple as possible, but not simpler.” The Ninth Circuit seems to agree. In Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (Ninth Cir. Jan. 29,...more

California Supreme Court Clarifies Background Check Laws in California

Farella Braun + Martel LLP on 8/28/2018

Employers which use background checks in their hiring process without obtaining written authorization may wish to review their practices. The California Supreme Court has rejected an argument that employers could not...more

Federal Court Blocks Portions of California’s New Workplace Immigration Law

Fisher Phillips on 7/9/2018

Immigration has, and continues to be, a major flashpoint between California and the Trump administration. In 2017, the California legislature passed significant legislation (AB 450) impacting how California employers deal...more

A Human Resources Manager’s Guide to the GDPR (Part 4)

Schwabe, Williamson & Wyatt PC on 6/11/2018

This article is Part 4 of our series on the GDPR for U.S.-based companies. Part 1 assisted U.S.-based companies in determining whether the GDPR applies to them; Part 2 provided an overview of the GDPR’s key concepts and...more

New Employment Laws Will Require Changes for Most Employers in 2018

Farella Braun + Martel LLP on 11/20/2017

The 2017 California legislative session resulted in several new laws that will affect employers’ day-to-day operations and policies in 2018. Some of these new laws, including bans on criminal history and salary history...more

Best Practices for Conducting Pre-Employment Background Checks in Canada

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/31/2016

Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check...more

Employment Law - October 2015 #3

Manatt, Phelps & Phillips, LLP on 10/28/2015

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Employment Law - October 2015

Manatt, Phelps & Phillips, LLP on 10/5/2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

NJ Appellate Division Rules that Continued Employment Means Consent to Arbitration

Genova Burns LLC on 7/29/2015

On July 23, 2015, the New Jersey Appellate Division upheld Ernst & Young’s alternative dispute resolution (“ADR”) policy statement as valid and enforceable. In Jaworski v. Ernst & Young, No. A-5259-13T2, three former...more

Background Checks? That is the Question

Foley & Lardner LLP on 6/24/2015

Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

Employers Should Assess Background Checking Procedures to Avoid Running Afoul of the Fair Credit Reporting Act

Poyner Spruill LLP on 8/5/2014

There has been a recent uptick in class action litigation initiated by job applicants claiming that employers violated the Fair Credit Reporting Act (the FCRA) in the manner they procured and used consumer reports about the...more

Employment Background Checks: Tips Employers Should Know to Comply With Federal Laws

Baker Donelson on 5/19/2014

Many employers rely on background checks to screen job applicants and employees when making important personnel decisions, including hiring, retention, and promotion. In March, the Equal Employment Opportunity Commission...more

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

Littler on 1/6/2014

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

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