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Hiring & Firing › Regulatory Agenda

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 -
Seyfarth Shaw LLP

Legislative Update: Legislature Hikes the Ball For Signing Kickoff

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Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into...more

Ballard Spahr LLP

Appeals Court: No FCRA Informational Injury Standing

Ballard Spahr LLP on

A job applicant who claims he was not fully informed about adverse information that appeared on a background check is not entitled to relief under the Fair Credit Reporting Act (the FCRA), the Sixth Circuit Court of Appeals...more

Bradley Arant Boult Cummings LLP

Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation

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Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more

DirectEmployers Association

OFCCP Week In Review: August 2024

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

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An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Epstein Becker & Green

Pumping the Brakes: New York Seeks to Curb AI Acceleration in Labor Market

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The past several years have witnessed a notable uptick in workplace artificial intelligence related legislation and agency enforcement attention, specifically focused on the infusion of AI or so-called automated...more

Troutman Pepper

A Look at Three Noncompete Bans Under Consideration in NYC

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Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more

Troutman Pepper

New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination

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Q. Is there a new standard in New Jersey for disparate impact discrimination?...more

Akerman LLP - HR Defense

California Proposes New Legislation Prohibiting Algorithmic Discrimination in the Workplace

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Algorithmic discrimination continues to be a focal point of concern, as evidenced by recent legislation introduced in California which, if passed into law, will require employers who use automated decision tools to make...more

Sheppard Mullin Richter & Hampton LLP

New York City Employers Must Display Workers’ Bill of Rights Poster Beginning July 1, 2024

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On November 2, 2023, the New York City Council passed a bill[1] requiring the New York City Department of Consumer and Worker Protection (“DCWP”), in coordination with the Mayor’s Office of Immigrant Affairs (“MOIA”), the New...more

Stikeman Elliott LLP

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

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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

Gray Reed

Federal Trade Commission Issues Rule Banning Non-Competition Agreements

Gray Reed on

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule that may affect for-profit employers’ use of post-employment non-competes in the employer/employee context.  Whether this final rule becomes the law of...more

Seyfarth Shaw LLP

Insight into the FTC’s Proposed Final Rule Potentially Banning Non-Competes: Live Blogging Event

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Welcome, readers, to a significant moment in non-compete law. On Tuesday, April 23rd, at 2 p.m. Eastern Time, the Federal Trade Commission (FTC) will convene for a special virtual meeting to address non-compete agreements and...more

Wyrick Robbins Yates & Ponton LLP

State of Confusion: The Complex Present and Uncertain Future of Employee Non-Compete Agreements

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It seems like a simple question: Is the covenant not to compete in my employment agreement enforceable?  The answer is much more complex and uncertain than you might think....more

Stikeman Elliott LLP

Ontario Update: Bill 149 Receives Royal Assent, includes Pay Transparency and AI Disclosure Requirements for Job Postings

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On March 21, 2024, the Working for Workers Four Act, 2024 (“Bill 149”) received Royal Assent. Bill 149 amends the Ontario Employment Standards Act, 2000 (the “ESA”) to include a new section pertaining to job postings, which...more

Littler

Ones to Watch: Legislation Landscape for 2024

Littler on

Three months into the new legislative year, with all but a handful of state legislatures currently in session, several employment law trends for 2024 have emerged. Some of the more significant trends reflect the country’s...more

Husch Blackwell LLP

AI Legislation Update: March 26, 2024

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Keypoint: Since our last update on US artificial intelligence (AI) legislation impacting the private sector, Utah enacted the first AI private sector bill of 2024, Oklahoma moved closer to passing an AI Bill of Rights,...more

Seyfarth Shaw LLP

A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

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A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it...more

Troutman Pepper

Talk About Competition! New York City Considers Three Different Noncompete Bans

Troutman Pepper on

Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more

Proskauer - Law and the Workplace

New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment

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Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New...more

DirectEmployers Association

OFCCP Week In Review: March 2024 #2

DirectEmployers Association on

Wednesday, March 6, 2024: JOLTS Report – Job Openings Decreased by 26k in January, Rate Unchanged at 5.3% - Job Openings and Labor Turnover Survey (JOLTS) Report for January 2024 (Remember: JOLTS reports a month late) ...more

Epstein Becker & Green

Could the City Council of New York City Ban Noncompetes?

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Last summer, the New York State legislature made waves when it passed a bill that effectively would have banned noncompete agreements. New York’s Governor vetoed that bill in late December 2023. This year, however, it is...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

Littler on

For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

WilmerHale

State Governments Move to Regulate AI in 2024

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Recently, New York Governor Kathy Hochul proposed sweeping artificial intelligence (AI) regulatory measures intended to protect against untrustworthy and fraudulent uses of AI. Presented as part of her FY 2025 Executive...more

Seyfarth Shaw LLP

NYC Council Proposes Broad Non-Compete Ban

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Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for...more

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