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 -

Mission Hospital Agrees to Pay $89,000 To Settle EEOC Religious Discrimination Lawsuit

Asheville Hospital Fired Employees for Declining Flu Vaccination, Federal Agency Charged - ASHEVILLE, N.C. - Mission Hospital, Inc., a North Carolina corporation based in Asheville and the main hospital of Mission Health...more

Following A Long Thaw, ICE Returns With Increased Worksite Enforcement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: “ICE will enforce the law, and if you are found to be breaking the law, you will be held accountable.” Referring to Immigration and Customs Enforcement’s (ICE) early morning raids at nearly a hundred...more

Now We Know the Government Means Business: Prepare for an ICE Raid

by Barley Snyder on

The federal government has done everything but release a road map of what businesses U.S. Immigration and Customs Enforcement will raid to weed out illegal immigrants during President Donald Trump’s term of presidency....more

USCIS Clarifies Position on AC21 H-1B Extensions

by Moore & Van Allen PLLC on

Last week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21)....more

Digital discrimination: Targeted ads don’t reach all potential applicants

by McAfee & Taft on

Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites...more

5, 4, 3, 2, 1: Happy New . . . List Of Additional Employment Laws You Must Navigate!

by Newmeyer & Dillion LLP on

Just in case you didn’t spend your holiday down time reading through all of those new California employment laws, here’s a quick overview of six laws that became effective on January 1, 2018, that may impact your...more

Career Outlook For 2018: What's Your Sign, Baby?

And here you were, reading the business news. Silly you. Astrologer and "astro-coach" Mecca Woods (Sagittarius Sun, Aquarius Moon, Leo Rising) tells us what we can expect on the career front in 2018 based on our...more

Joint Employer Standard Relaxed – For Now

by Akerman LLP - HR Defense on

Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

U.S. Department of Labor Clarifies When Interns are Subject to the Fair Labor Standards Act

In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We...more

Consider This – Minnesota Court Of Appeals Again Requires Proof Of Additional Consideration For Non-Compete Agreements For...

by Jackson Lewis P.C. on

In October and November of this past year, we wrote about two Minnesota court decisions – Mid-America Business Systems v. Sanderson et al., Case No. 17-3876 (Dist. Minn. Oct. 6, 2017) and Safety Center, Inc. v. Stier, Case...more

Pioneer Health Services to Pay $85,000 To Settle EEOC Disability Discrimination Suit

Mississippi Health Care Company Illegally Fired Employee After She Underwent Liver Transplant Surgery, Federal Agency Charged - JACKSON, Miss. -- Pioneer Health Services, Inc., a Mississippi corporation that provides...more

Aloha Auto Group to Pay $30,000 To Settle EEOC Retaliation Suit

Employee Fired for Advising Other Employees to File Hostile Work Environment Complaints, Federal Agency Says - HONOLULU, Hawaii - Aloha Auto Group, Ltd. will pay $30,000 and provide other relief to settle a lawsuit for...more

Are You Ready For H-1B Cap Season?

by Moore & Van Allen PLLC on

On April 1, 2018, USCIS will begin accepting cap subject H-1B petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any employees who require...more

The Critical Impact of Pretext in Employment Discrimination Cases

“I can’t believe you are firing me for ‘performance issues’. I received ‘exceeds expectations’ in all categories of my last five performance evaluations. You gotta be kidding me!”...more

Legislation Affecting California’s Employment Regulations

by Wilson Elser on

California Assembly Bill No. 168 – Salary Information - Labor Code section 1197.5 prohibits employers from paying any employees at wage rates less than the rates paid to employees of another sex, race or ethnicity for...more

TPS Designation Ends for El Salvador, Making Expiring Work-Authorization Docs an Issue

by Ballard Spahr LLP on

The U.S. Department of Homeland Security announced on January 8 that it will not renew the Temporary Protected Status (TPS) designation for El Salvador, giving protected Salvadorans until September 9, 2019, to either leave...more

New Year, Same Accommodations…Employer Forced to Shell Out Millions for Failure to Accommodate Employee on Disability Leave

Accommodate - verb, to make suitable or consistent; adapt - This simple word, or the lack thereof, is costing a California non-profit, the Asian American Drug Abuse Program, Inc. (AADAP), a lot more than a broken New...more

Labor Department Hits the Brakes on Class Actions by Interns

by Ballard Spahr LLP on

In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more

The Protocol for Broker Recruiting Suffers Major Defections—and May Suffer More

Three prominent financial services companies recently announced their withdrawal from the Protocol for Broker Recruiting, an agreement among securities firms regulating the conduct of stockbrokers changing jobs and curtailing...more

New Jersey Now Bans Breastfeeding Discrimination

by Fisher Phillips on

New Jersey Governor Chris Christie began his final week in office by signing 40 bills into law, including an amendment to the New Jersey Law Against Discrimination that immediately bars discrimination against breastfeeding...more

Obesity Discrimination Claims Allowed To Proceed Under California Law

by Jackson Lewis P.C. on

Is obesity a disability under California law? Are a supervisor’s alleged “fat remarks” sufficient evidence of disability discrimination? On December 21, 2017, a California Appellate Court published an extensive decision...more

Rumored Changes To The H Visa Category

by Dickinson Wright on

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

DOL Doubles Back on Interns

by Sherman & Howard L.L.C. on

On January 5, 2018, the US Department of Labor (“DOL”) endorsed the seven-factor “primary beneficiary test”, also known as the “Glatt Test,” to determine whether interns qualify as employees under the FLSA. See DOL Press...more

Federal Appeals Court Breathes New Life Into Pay Equity Claim, While Imposing Higher Standard On Employers

by Fisher Phillips on

The 4th Circuit Court of Appeals just forced a public employer back into court to defend itself against a pay equity claim after a lower court had dismissed the lawsuit and cleared the employer from wrongdoing. In...more

USDOL's Inflexible Intern Test Headed To The Shredder

by Fisher Phillips on

The U.S. Department of Labor (USDOL) just announced that it will abandon its six-part test for determining whether interns qualify as employees after yet another court favored the alternative, primary beneficiary test. As we...more

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