News & Analysis as of September 21, 2024

Hiring & Firing › Remedies

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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 -

NLRB Awards Bargaining Expenses to Union

Snell & Wilmer on 8/16/2022

By Gerard Morales In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that...more

NLRB GC Urges Use of ‘Full Panoply of Remedies’

Manatt, Phelps & Phillips, LLP on 9/27/2021

Sending a strong message of enforcement and the potential consequences for violations of the National Labor Relations Act (NLRA), the general counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a pair of...more

Mining MSHA – Discrimination Complaints

Fisher Phillips on 9/28/2020

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

It is Now Easier For Federal Workers to Prove Age Bias

Kelley Drye & Warren LLP on 4/15/2020

Last week, the US Supreme Court made it easier for a federal worker to establish a claim for age bias. This decision does not impact private employers, because it relied on the specific language of the federal sector...more

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

Fisher Phillips on 4/13/2020

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more

Supreme Court Decides Babb v. Wilkie, No. 18-882

Faegre Drinker Biddle & Reath LLP on 4/9/2020

On April 6, 2020, the U.S. Supreme Court decided Babb v. Wilkie, holding that the federal-sector provision of the Age Discrimination and Employment Act of 1967 (ADEA), 29 U.S.C. §633a(a), does not require proof that age...more

Regency Park Assisted Living & Memory Care Sued by EEOC for Pregnancy Discrimination

U.S. Equal Employment Opportunity Commission... on 11/22/2019

Retirement Community Failed to Hire Pregnant Woman, Federal Agency Charges - TAMPA - Excel Hospitality Group LLC d/b/a Regency Park Assisted Living & Memorial Care, an assisted living facility in Eustis, Florida, violated...more

Toledo, Ohio Passes Ban on Salary History Inquiries

Proskauer - Law and the Workplace on 7/16/2019

Toledo, Ohio is the latest jurisdiction (and the second city in Ohio) to enact a law that will prohibit employers from asking job applicants about salary history....more

New York Legislature Passes Sweeping Amendments to its Discrimination and Harassment and Pay Equity Laws

Dorsey & Whitney LLP on 7/2/2019

Building in part on amendments passed last year, the New York State Legislature has passed legislation significantly broadening protections for employees. Governor Cuomo is expected to sign the amendments into law shortly....more

New York State Set to Enact Ban on Salary History Inquiries

Proskauer - Law and the Workplace on 6/25/2019

In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and employees about their...more

Equal Pay Audits: Current State of the Law

Skadden, Arps, Slate, Meagher & Flom LLP on 10/4/2018

On September 20, 2018, Skadden hosted the webinar “Equal Pay Audit: Current State of the Law.” The panelists were Karen Corman, Skadden labor and employment partner; Robin Quittell, managing director, chief human resources...more

Swimming Pool Company’s Non-Compete Claim Takes a Dive

Zuckerman Spaeder LLP on 9/8/2017

When a company believes that an employee has breached a non-compete agreement by going to work for a competitor, one remedy it can seek is a preliminary injunction. A preliminary injunction is meant to preserve the status quo...more

Diallo’s Of Houston to Pay $139,366 to Resolve EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 1/10/2017

Nightclub Made Unlawful HIV Medical Inquiry, Then Fired Employee, Federal Agency Charged - HOUSTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Diallo's of Houston, a Houston-area...more

Emotional Rescue: Fifth Circuit Recognizes Mental Distress Damages in FLSA Retaliation Claim

Bradley Arant Boult Cummings LLP on 1/5/2017

Can a plaintiff get emotional distress damages in a wage and hour claim? In December 2016, the Fifth Circuit issued an opinion of first impression where it found that a plaintiff filing a retaliation claim as part of an...more

Schenker Inc to Pay $750,000 To Conciliate EEOC Class Investigation

U.S. Equal Employment Opportunity Commission... on 10/26/2016

CHICAGO - Schenker Inc., a global leader in the field of contract logistics services, has agreed to pay $750,000 to conciliate several charges of discrimination filed with the U.S. Equal Employment Opportunity Commission...more

Front Pay & Back Pay: How About No Pay?

Butler Weihmuller Katz Craig LLP on 8/4/2016

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility. Shortly thereafter,...more

Massachusetts Enacts New Pay Equity Law

Goodwin on 8/3/2016

Summary - Massachusetts Governor Charlie Baker signed a pay equity bill into law on August 1, 2016. The law is intended to strengthen existing law by promoting compensation transparency, limiting questions to job...more

Federal Judge Awards EEOC $179,000 Default Judgment Against Workplace Staffing Solutions For Sex Discrimination

U.S. Equal Employment Opportunity Commission... on 7/18/2016

Louisiana Staffing Firm Failed to Hire Six Qualified Women Because of Their Sex While Hiring Only Men, Federal Agency Charged - JACKSON, Miss. - A federal judge has ruled in favor of the U.S. Equal Employment Opportunity...more

Protecting Trade Secrets Now Front, Center and National

Foley & Lardner LLP on 5/5/2016

Most employers understand, in this era where information moves so quickly and critically sensitive commercial information is very easy to move, that protecting trade secrets is more important than ever. In fact, the U.S....more

Quirky Question #277: Passage of the Defend Trade Secrets Act

Dorsey & Whitney LLP on 4/29/2016

Question: I saw something on the news about some new trade secrets legislation. What’s going on with that? Will it help employers better protect their trade secrets?...more

NYCCHR Issues Guidance on Credit Check Law

Proskauer - Law and the Workplace on 9/4/2015

The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect September 3, 2015 and modified the...more

Nevada Tenth State To Restrict Employer Use of Credit Checks

Proskauer Rose LLP on 6/6/2013

On May 23, 2013, Nevada's governor signed S.B. 127 to limit employer use of an applicant's or employee's credit history in hiring and personnel decisions....more

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Hiring & Firing › Remedies

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