News & Analysis as of September 22, 2024

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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 -

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on 4/27/2018

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

Sheppard Mullin Richter & Hampton LLP on 2/21/2018

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

The Employment Law Authority - January/ February 2018

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/6/2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more

NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers

Hogan Lovells on 12/20/2017

In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more

Gale Force Winds of Change: National Labor Relations Board Reverses Course on Workplace Rules and Joint Employer Standards

Franczek P.C. on 12/20/2017

Recently, we noted that the winds of change are blowing at the NLRB. Last week, those winds picked up considerable force as the newly-constituted NLRB dismantled two earlier cases that were the subject of extensive employer...more

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