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Hiring & Firing › Good Faith

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 -
Fisher Phillips

Pay Transparency Comes to Maryland: 6 Key Takeaways and What You Should Do Next

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Maryland is the latest state to jump on the pay transparency bandwagon after Gov. Wes Moore signed new “wage range” requirements into law last month. Beginning October 1, Maryland employers must include salary and benefits...more

Fisher Phillips

New York Proposes Pay Transparency Regulations: 10 Takeaways for Employers

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With only a few days left before New York’s pay transparency law takes effect, the state labor department issued proposed rules aiming to clarify employers’ wage disclosure obligations. Though the regulations are not yet...more

Venable LLP

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

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The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more

Proskauer - California Employment Law

Stick to the Schedule: Los Angeles Imposes Significant New Requirements on Retail Employers

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On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (“FWWO”). Set to take effect in April 2023, the new law imposes significant requirements on retail employers in the City of...more

Proskauer - Law and the Workplace

[Podcast]: The New York City Pay Transparency Law Takes Effect

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In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022....more

Lowenstein Sandler LLP

New Year, New Job Postings: New York City Follows Colorado and Connecticut Trend By Requiring Salary Range on Job Postings

Lowenstein Sandler LLP on

Effective May 14, 2022, New York City will require employers with four or more employees to include the minimum and maximum salary for a position in its job postings, including those for promotion and transfer opportunities....more

Dickinson Wright

Good Faith and Fair Dealing in Canadian Employment Law

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Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s...more

Sherman & Howard L.L.C.

The NLRB Finally Cancels Pre-Disciplinary Bargaining

Sherman & Howard L.L.C. on

In a long-awaited move, the National Labor Relations Board (“NLRB” or “Board”) overruled the Obama Board’s decision in Total Security Management Illinois 1, LLC, 364 NLRB No. 106 (2016) (“Total Security“), and concluded that...more

Fox Rothschild LLP

PPP Loan Forgiveness Reminder: Notify Unemployment Insurance Office Of Rejected Offers To Hire Or Rehire

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Employers seeking Paycheck Protection Program (PPP) loan forgiveness should notify their state’s unemployment insurance office if they have offered to hire or rehire an employee who has then rejected that offer. The Small...more

Ruder Ware

Treasury Provides Small PPP Forgiveness Clarification Regarding Laid Off Employees

Ruder Ware on

Over the weekend, the Department of Treasury issued an update to their PPP FAQs. Question #40 clarifies that an employer’s forgiveness amount under PPP will not be impacted if the employer attempts to rehire a previously laid...more

Downs Rachlin Martin PLLC

PPP Loan Forgiveness and Employees Refuse to Return

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What happens to Paycheck Protection Program (“PPP’) forgiveness amounts if the borrower lays off an employee and then offers to rehire the employee, but the employee declines the offer?...more

Littler

Legislative Highlights for Oregon Employers in 2020

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Oregon’s active 2019 legislative session has prompted the need for several policy and handbook updates for employers doing business in Oregon.  This Insight provides an overview of the most notable recent employment law...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

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Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Fisher Phillips

Good Faith Belief Leads To Employer Victory In Bias Claim

Fisher Phillips on

Despite not being able to prove the alleged wrongdoings that led an Arkansas employer to terminate an employee, a federal appeals court just handed an employer a victory in a gender discrimination lawsuit because of its “good...more

Littler

Philadelphia Fair Workweek Ordinance’s Effective Date Delayed Until April, 2020

Littler on

On Friday, November 29, 2019, the Philadelphia Mayor’s Office of Labor postponed the effective date of the Philadelphia Fair Workweek Employment Standards Ordinance from January 1, 2020 to April 1, 2020. The Ordinance imposes...more

Polsinelli

Supreme Court of Kentucky Reaffirms Public Policy Claim Must Have “Employment Related Nexus” to Support Wrongful Discharge Suit

Polsinelli on

In a recent decision, Marshall v. Montaplast of North America, Inc., the Supreme Court of Kentucky reaffirmed that a cause of action for wrongful termination based on a violation of public policy may proceed only if the...more

Cozen O'Connor

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

Poyner Spruill LLP

Fourth Circuit Finds Employer Not Liable for Terminating Employee Believed to Have Made False Report of Harassment

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Can an employer be held liable under Title VII when it fires an employee based on a good faith belief that she falsely accused another employee of sexual harassment — even if that belief may have been based upon a mistake of...more

Dorsey & Whitney LLP

If a Whistleblower is Just Playing the Same Old Tune, Does the Law Protect Him?

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Some of the trickiest employment decisions can involve employees who have made accusatory complaints against the company they work for. Many state and federal laws protect “whistleblowers” who try to bring to light illegal...more

Littler

Does Making Any Complaint About Work Now Turn An Employee Into A Possible Whistleblower Under Minnesota Law?

Littler on

The Minnesota Supreme Court issued a unanimous opinion on August 9, 2017 in Friedlander v. Edwards Lifesciences, LLC, finding that the 2013 amendments to the Minnesota Whistleblower Act (“MWA”) abrogated the requirement that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

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Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental...more

McNees Wallace & Nurick LLC

Disciplinary Discharge of Employees on Workers’ Compensation

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Employers often shy away from discharging employees for disciplinary reasons when those employees are receiving workers’ compensation benefits, such as in instances where the employee is working a modified duty assignment....more

Bradley Arant Boult Cummings LLP

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

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In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

Foley & Lardner LLP

How Massachusetts’ New Equal Pay Law Impacts Employers

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On August 1, 2016, Massachusetts became the first state to bar employers from asking job applicants about their salary history before making a formal job offer that includes compensation. Under the new law, employers may not...more

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