News & Analysis as of September 19, 2024

Hiring & Firing › Liquidated Damages

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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 -

Philadelphia Enacts Key Changes To ‘Ban The Box,’ Credit Screening Ordinances

Jackson Lewis P.C. on 4/12/2021

Changes to Philadelphia law will further restrict employers’ use and reliance on applicant, current employee, and independent contractor background information and affect the employee application and employee management...more

White River Health System Sued by EEOC for Age Discrimination

U.S. Equal Employment Opportunity Commission... on 2/11/2020

Health Care Provider Fired Older Workers Because of Their Age, Federal Agency Charges - BATESVILLE, Ark. - White River Health System, Inc., a provider of health care services throughout North Central Arkansas, violated...more

Damages and Liquidated Damages in Restrictive Covenants

Burns & Levinson LLP on 10/31/2019

When seeking to enforce a restrictive covenant, whether a noncompete or a nonsolicit, the standard play-book calls for an aggrieved party to file suit and seek a temporary restraining order and preliminary injunction to...more

New Jersey Adds Sharp Teeth, and Employer Notice Duty, to Wage and Hour Law

Littler on 8/13/2019

On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country. As discussed below, the law substantially expands the civil and criminal...more

How Far Is Too Far? Sinclair Under Scrutiny For Employee Agreements

Fox Rothschild LLP on 4/16/2018

It has been a tough couple of weeks for Sinclair Broadcast Group, Inc. First, news broke that its anchors were required to read an identical script cautioning viewers about “fake news” and questioning the integrity of media...more

An Easy and Effective Way for Employers to Protect Themselves

Jaburg Wilk on 3/1/2018

Imagine this scenario: Your company is in Arizona and one of your sales representatives goes to work for a competitor. He knows all about your pricing and bidding practices, so he helps your competitor undercut your prices....more

Food and Beverage Law Update: February 2018

Holland & Knight LLP on 2/20/2018

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Liquidated Damages: A Tool for Teacher Retention?

Ruder Ware on 2/7/2017

A common struggle for school districts across Wisconsin is how to attract and retain quality teachers and administrative staff. In a post-Act 10 world where districts are free to recruit the best and the brightest from their...more

University Of Denver Sued By EEOC for Sex-Based Pay Discrimination

U.S. Equal Employment Opportunity Commission... on 10/5/2016

University Paid Female Full Law Professors Significantly Less Than Male Counterparts, Federal Agency Charges - DENVER, Colo. - The University of Denver violated federal law by paying female employees lower wages than...more

IRS Confirms California “Waiting Time Penalties” Are Not Wages For Federal Income Tax Purposes

Proskauer - Employee Benefits & Executive... on 4/29/2016

A recent IRS information letter confirms that “waiting time penalties” paid under California law are not wages for federal income tax withholding purposes. Section 203 of the California State Labor Code imposes penalties on...more

New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

Mintz - Employment, Labor & Benefits... on 10/30/2015

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more

Indiana Employment Law Update: 5 Changes to Laws You Should Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/27/2015

A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not...more

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

Proskauer - Whistleblower Defense on 2/25/2013

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

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Hiring & Firing › Liquidated Damages

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