News & Analysis as of September 23, 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 Shocker: Strike Replacements Struck Down

Fisher Phillips on 6/8/2016

NLRB Rejects Permanent Replacement Workers In Groundbreaking Ruling - In an unprecedented 2-1 decision, the National Labor Relations Board recently held that a California continuing care facility violated the National...more

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/6/2016

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

The NLRB Goes Back to Church (Schools), Gets Entangled

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2015

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more

Franchisors Not Lovin’ It: NLRB Announces McDonald’s Named Joint Employer with Franchisees

Obermayer Rebmann Maxwell & Hippel LLP on 8/6/2014

On July 29, 2014, the National Labor Relations Board (NLRB) Office of the General Counsel announced that McDonald’s, USA, LLC will be named as a “joint employer” in at least 43 cases alleging unfair labor practices against...more

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

Epstein Becker & Green on 7/23/2014

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

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