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Hiring & Firing › Regulatory Agenda › Employer Liability Issues

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

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

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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

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

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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

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

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

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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

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

Polsinelli

Update on the Status of Non-Competes and What to Expect in 2024

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On January 9, 2024, shareholders in our Restrictive Covenant and Trade Secret Practice Group conducted a webinar covering “What Employers Need to Know About Non-Competes in 2024.” A recording of that webinar is available...more

McDermott Will & Emery

Under Long-Term, Part-Time Employee Rules, Some Things Change, and Some Things Stay the Same

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In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Together, the SECURE...more

DirectEmployers Association

OFCCP Week In Review: January 2024

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This is a Special Two-Week Edition of the DirectEmployers Week In Review (for the period December 19,,2023 through January 1, 2024). DE publishes this Special Edition each year at this time to report what you missed when so...more

Seyfarth Shaw LLP

New York Non-Compete Ban is Off the Table—For Now

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Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more

Seyfarth Shaw LLP

New York Legislature Considers Revised Non-Compete Ban

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Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more

Troutman Pepper

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

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California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more

DirectEmployers Association

OFCCP Week In Review: December 2023 #2

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Tuesday, December 5, 2023: JOLTS Report – Job Openings Decreased by 617k in September, Rate Decreased to 5.3% - Confirming that the U.S. jobs market is continuing to shrink (as the Federal Reserve hopes to help tame...more

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