News & Analysis as of

Hiring & Firing › Statutory Violations

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 -
McGlinchey Stafford

Court Awards No Actual, Statutory, Reputational, or Punitive Damages for FCRA Violation in Wrongful Termination Suit

McGlinchey Stafford on

Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA)....more

Troutman Pepper Locke

D.C. Circuit Court Partially Stays Injunction in NTEU v. CFPB

Troutman Pepper Locke on

On April 11, the U.S. Court of Appeals for the District of Columbia Circuit issued an order partially staying the district court’s preliminary injunction in the ongoing legal dispute between the National Treasury Employees...more

Seyfarth Shaw LLP

A New Year, A New Warning: DOJ’s First 2025 Settlement Highlights IRCA’s Anti-Discrimination Compliance

Seyfarth Shaw LLP on

The Department of Justice (DOJ) recently announced a settlement with Brick & Bourbon, a Minnesota-based restaurant group, for violations of federal anti-discrimination laws in its employment eligibility verification...more

BakerHostetler

New Jersey Employers Must Disclose Pay and Benefits Information to Employees and Applicants

BakerHostetler on

Joining New York, California and several other states, New Jersey has a new wage transparency law, signed by Gov. Phil Murphy this week, that requires certain employers to disclose wage or salary ranges and general benefits...more

FordHarrison

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

FordHarrison on

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...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

Miller Canfield

Michigan Supreme Court Expands Employer Exposure to Public Policy Retaliation Claims

Miller Canfield on

In Michigan, various state employment laws prohibit employers from retaliating against employees. But can an employee pursue a public policy retaliation claim against the employer in addition to a statutory retaliation claim?...more

Ius Laboris

Employment or a favour for a friend? 

Ius Laboris on

A bicycle dealer in Denmark was fined DKK 10,000 (about EUR 1,340) because one of his friends who did not have a work permit had helped him carry a few bikes into the bike shop....more

Seyfarth Shaw LLP

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

Seyfarth Shaw LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

Troutman Pepper Locke

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

Troutman Pepper Locke on

In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

Littler

NLRB Finds Business Closure Illegal But Backs Off Order to Reopen

Littler on

In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for unionized employers seeking to close...more

Frantz Ward LLP

Unlocking the Handcuffs: Department of Justice Obtains Guilty Plea in “No-Poach” Hiring Agreement Case

Frantz Ward LLP on

The Department of Justice has claimed its first victory in attacking “no-poach” agreements after a Nevada staffing company pled guilty and was sentenced to pay $134,000.  The case arose out of a concerted effort by the...more

CDF Labor Law LLP

California Private Employers Who Engage in Diversity Efforts Should Be Paying Attention to UNC and Harvard Affirmative Action...

CDF Labor Law LLP on

In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more

Bodman

Sixth Circuit Rejects Plaintiff’s Claim of “Hyper-Scrutiny” as Evidence of Discrimination

Bodman on

In Boshaw v. Midland Brewing Company, Midland Brewing’s former restaurant operations manager, Boshaw, claimed he was terminated because of his “sexuality” in violation of Title VII and Michigan’s Elliott Larsen Civil Rights...more

Proskauer - Law and the Workplace

CA Appellate Court Addresses “Willfulness” Standard Under FCRA

Proskauer - Law and the Workplace on

On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more

Littler

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

Littler on

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

Proskauer - Law and the Workplace

7th Cir. Affirms Summary Judgment On Illinois Whistleblower Act and Illinois Jury Act Retaliation Claims

Proskauer - Law and the Workplace on

On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

Proskauer - Whistleblower Defense

CA District Court: Dodd Frank Whistleblower Provision Does Not Apply Extraterritorially

Proskauer - Whistleblower Defense on

On June 28, 2021, the United States District Court for the Northern District of California granted the Company’s Rule 12(b)(6) motion to dismiss after an executive claimed he was discharged in violation of the Dodd-Frank...more

Dorsey & Whitney LLP

Fired Employee Alleges Employer Unlawfully Retaliated Against Him For Complaining of PPP Fraud

Dorsey & Whitney LLP on

Civil litigation by private parties alleging False Claims Act (“FCA”) violations related to Paycheck Protection Program (“PPP”) fraud appears to be heating up. On September 22, 2021, a former restaurant manager filed a...more

Littler

Ninth Circuit Holds TCPA Prohibits Pre-Recorded Recruiting Calls to Cell Phones Without Prior Express Consent

Littler on

Staffing companies and employers using all tools at their disposal to recruit workers may face increased risk following the Ninth Circuit’s recent opinion in Loyhayem v. Fraser Financial.  In Loyhayem, the court found that...more

Seyfarth Shaw LLP

New York Federal Court Finds That A Common Policy Or Plan Is Still Critical To ADEA Collective Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Foodman CPAs & Advisors

Instituciones Financieras y el FCPA

Foodman CPAs & Advisors on

La Ley de Prácticas Corruptas en el Extranjero (“Foreign Corrupt Practices Act – FCPA”) prohíbe el pago de sobornos a funcionarios extranjeros para ayudar a obtener o retener negocios.  Exige que las empresas cuyos valores se...more

Foodman CPAs & Advisors

Financial Institutions and the FCPA

Foodman CPAs & Advisors on

The Foreign Corrupt Practices Act (FCPA) prohibits payment of bribes to foreign officials to assist with obtaining or retaining business.  It requires companies whose securities are listed in the US to maintain books and...more

30 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide