News & Analysis as of September 18, 2024

Hiring & Firing › Labor Law Violations

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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 -

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Shaw LLP on 9/17/2024

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

Littler on 8/14/2024

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

Egg Retrieval Procedures Not Protected By FEHA

Manatt, Phelps & Phillips, LLP on 7/29/2024

Affirming summary judgment for an employer, a California appellate panel said an employee could not advance claims of harassment, discrimination and retaliation based on her egg retrieval procedures....more

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

Fisher Phillips on 7/15/2024

Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

Carlton Fields on 6/5/2024

The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

Bodman on 6/4/2024

The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

Fisher Phillips on 5/14/2024

Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more

Ontario Updates: New Fines for ESA Contraventions, and Working for Workers Five Act (Bill 190) Proposed

Stikeman Elliott LLP on 5/8/2024

On May 6, 2024, the Ontario Government introduced Bill 190, the Working for Workers Five Act, 2024 (“Bill 190”), which, if passed, will provide new protections for workers, the key details of which are summarized below. The...more

First, Sixth Circuits Affirm Dismissal of ADA Claims

Manatt, Phelps & Phillips, LLP on 12/28/2023

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

DOL’s New Assessment Procedures for Calculating Civil Monetary Penalties Significantly Increases Liability for Employers.

Benesch on 12/22/2023

The U.S. Department of Labor recently changed how it assesses civil money penalties against employers for violating federal child labor laws, which could significantly increase fines for hiring underage children to perform...more

Ontario, Canada Court Orders Employer to Pay Costs to Discourage Tactical Litigation that Deters Employees from Pursuing Their...

Littler on 11/6/2023

In Giacomodonato v. PearTree Securities Inc., 2023 ONSC 5628, Ontario’s Superior Court of Justice ordered the employer to pay to the employee the costs of the proceeding in the amount of $830,761 to dissuade employers from...more

Massachusetts AG Reaches $6.8M Settlement with Operator of MGM Casino for Alleged Violations of State Wage and Hour Laws

Troutman Pepper on 11/3/2023

Massachusetts Attorney General (AG) Andrea Joy Campbell has announced a $6.8 million settlement with the operator of an MGM resort and casino known as MGM Springfield for the entity’s alleged violations of the Massachusetts...more

Social media and protected beliefs at work

Ius Laboris on 10/5/2023

The Belfast Industrial Tribunal in Northern Ireland has recently rejected two claims of unfair dismissal following sectarian (anti-Catholic) chants posted on social media. We look at the implications of clashing views on...more

UK: Employee Unfairly Dismissed for Failure to Install App on Personal Phone

Littler on 10/4/2023

A recent employment tribunal case, Alsnih v. Al Quds Al-Arabi Publishing & Advertising, ruled that a journalist was unfairly dismissed for refusing to install a work-related app on her personal phone. The app was considered...more

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

CDF Labor Law LLP on 9/29/2023

A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Compensation ordered after email slip reveals age discrimination

Ius Laboris on 9/13/2023

The Brussels Labour Court recently considered the case of an unsuccessful job applicant who was inadvertently emailed evidence that she had been discriminated against due to her age....more

UK Illegal Working Fines Triple

Littler on 9/1/2023

Fines are set to more than triple for employers and landlords who employ or rent to those without permission to work or rent—the biggest shake up of civil penalties since 2014—the Home Office has announced. These higher...more

Macau Court’s Recent Ruling Aligns with Growing Trend to Protect Non-Resident Migrant Workers in Asia

Fisher Phillips on 8/17/2023

A Macau court recently held in favor of non-resident Filipino workers who brought claims for unpaid wages against a cleaning service provider. The landmark ruling — finding the employer liable for multiple labor violations —...more

Fifth Circuit Affirms Order Dismissing Tesla Lawsuit in Favor of Arbitration

Carlton Fields on 7/26/2023

In Lynch v. Tesla Inc., the Fifth Circuit Court of Appeals affirmed a district court order adopting a magistrate judge’s recommendation that the plaintiffs’ lawsuit should be dismissed in favor of arbitration. The plaintiffs...more

Red Barchetta LLC Settles EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 6/1/2023

Hotel Franchisee Fired Housekeeper Because of her Disability, Federal Agency Charged - ELKINS, W.Va. – Red Barchetta LLC, a Holiday Inn Express & Suites-brand franchisee in Elkins, West Virginia, will pay $40,000 to...more

Whistleblower “Disclosure” Includes Information Already Known to Employer

Seyfarth Shaw LLP on 5/31/2023

Seyfarth Synopsis: California Labor Code section 1102.5 protects employees who disclose what they believe to be violations of the law. The Supreme Court of California has ruled that such disclosures are protected even if the...more

The Littler Annual Employer Survey Report - May 2023

Littler on 5/10/2023

Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more

Legal Considerations When Downsizing Your Workforce

Poyner Spruill LLP on 5/2/2023

With a weakening economy, many employers are now facing tough cost reduction decisions, which include possible separation of employees. Once it is decided to implement a reduction in force, the employer must make a further...more

New and Proposed New York and New York City Legislation

BakerHostetler on 4/27/2023

The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that could have a significant impact on our New York-based clients. This alert highlights just some of...more

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

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Hiring & Firing › Labor Law Violations

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