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Hiring & Firing › Regulatory Standards

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 -
Dechert LLP

Recent New York Legislation Highlights Tension Between Employee Privacy and Regulatory Compliance for Broker-Dealers and Advisers

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As of today, March 12, 2024, a New York state statute, in certain circumstances, restricts employers “from requesting or requiring that an employee or applicant disclose any . . . means for accessing a personal account...more

Polsinelli

Deadline Not Clear for Covered Contractors to Register and Certify Affirmative Action Program Compliance in New OFCCP Contractor...

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The Office of Federal Contract Compliance (“OFCCP”) in the Department of Labor recently launched a new contractor portal to track Affirmative Action Program (“AAP”) compliance by covered contractors. Originally, covered...more

Littler

New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About...

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The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks.  Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more

Polsinelli

EEOC Revises Intake Forms to Include Non-Binary Gender Options

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On March 31, 2022, on Transgender Day of Visibility, the EEOC announced that it will expand the available gender options in the voluntary self-identification questions included on its intake forms. The changes will apply to...more

Proskauer - Labor Relations Update

NLRB Takes One Step Closer to Expanding The Possible Damages Awarded to Employees Fired in Violation of the Act

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On November 10, 2021, the National Labor Relations Board announced that it is seeking public input to address whether the Board should award consequential damages to make employees whole for economic losses and under what...more

Littler

Dear Littler: How do we Determine Where Remote Employees “Work” for WARN Act Purposes?

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Dear Littler: We are planning a layoff that will involve many of our employees who are working remotely during the pandemic.  How do we decide who works at a particular location for WARN counting purposes?...more

Littler

Warning to New York Employers: The NY WARN Act Now Requires WARN Notices be Sent to Additional Governmental Recipients

Littler on

On November 11, 2020, Governor Andrew Cuomo signed into law Assembly Bill A10674a. The legislation, which took effect immediately, amended the New York Worker Adjustment and Retraining Notification (WARN) Act by substantially...more

Proskauer - Labor Relations Update

NLRB Division of Advice Releases Deluge of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules,...

Proskauer - Labor Relations Update on

On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices. While a majority of the Memoranda were drafted...more

Littler

WPI State of the States: New Year, New Legislative Trends

Littler on

The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more

Hogan Lovells

“WARN”ing to New Jersey Employers: NJ WARN Act Dramatically Expanded

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Last week, New Jersey Governor Phil Murphy signed an amendment to the New Jersey WARN Act, dramatically expanding the Act’s reach.  Effective July 19, 2020, the amendment makes the Act one of the most stringent state WARN...more

Troutman Pepper

Slate of N.J. Laws Require Severance Pay in Mass Layoffs and Increased Penalties for Worker Misclassification

Troutman Pepper on

January 2020 was a busy month for New Jersey’s executive branch. Governor Phil Murphy signed into law at least five workplace-related bills, one of which revised the New Jersey mini-WARN Act, one granting state regulators...more

Seyfarth Shaw LLP

UPDATE: New NJ WARN Act Signed into Law "THOU SHALL NOT LEAVE"—A New Jersey Bill Awaiting Signature By the Governor Would...

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UPDATE: On January 21, 2020, the Governor of New Jersey signed Senate Bill 3170 into law, pushing state law far past the corresponding federal requirements of the WARN Act. Governor Phil Murphy issued an omnibus press release...more

Seyfarth Shaw LLP

“THOU SHALL NOT LEAVE”—A New Jersey Bill Awaiting Signature By the Governor Would Dramatically Re-Write Existing Mass Layoff Laws

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Seyfarth Synopsis: On Monday, January 13, 2020, the New Jersey state legislature passed Senate Bill 3170 which, if signed by the Governor, would result in sweeping changes to what was once a mass layoff notification statute...more

Seyfarth Shaw LLP

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

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Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more

Akerman LLP - HR Defense

New Year Cheer from the NLRB

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The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more

Littler

Provisional Measure #905 – A New Mini Labor Reform in Brazil

Littler on

Provisional Measure # 905 (“PM”), published on November 12, 2019, establishes a new type of labor relationship in Brazil. The PM aims to reduce the alarmingly high unemployment rate affecting younger workers in the country,...more

A&O Shearman

Banking Standards Board Publishes Good Practice Guidance on Regulatory References

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The Banking Standards Board has published a statement of good practice for firms when providing and requesting regulatory references in accordance with the Senior Managers and Certification Regime. The SM&CR for banks and...more

Littler

Littler Global Guide - Denmark - Q2 2019

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Amendments to Concept of Industrial Accidents to Cover “Temporary” Injuries - New Legislation Enacted - The Danish Parliament recently amended the Danish Workers’ Compensation Act for the purpose of, among other things,...more

Littler

Review, Revise or Rescind – Agency Plans and Unified Agenda Reveal More Regulatory Editing is in Store for 2018

Littler on

The Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda"), released on December 14, 2017, indicates agencies are taking a hard look at existing rules, and treading lightly with new...more

Littler

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

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The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

The Volkov Law Group

Match Made in Heaven: Compliance and Human Resources

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The corporate compliance function is only as successful as its partnerships with key internal constituencies. Depending on the company and the personnel involved, compliance has to establish and maintain effective working...more

Ballard Spahr LLP

Final Diversity and Inclusion Standards Issued Jointly by Six Federal Agencies

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Pursuant to a mandate contained in Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank or Act), six federal agencies jointly issued new Diversity and Inclusion (D&I) Standards today. These...more

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