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Hiring & Firing › Termination › Wage and Hour

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 -
DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

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Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Ius Laboris

Workplace protections for reservists’ spouses in Israel

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In light of the ongoing war, a new amendment to Israeli law provides protection to the spouses of reservists. In accordance with the Veterans (Return to Work) Law, employers are already prohibited from dismissing...more

Constangy, Brooks, Smith & Prophete, LLP

Want to fire your employee for FMLA fraud?

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Don't shoot from the hip. Let's say you have an employee who is in Week Six of "employee's own serious health condition" leave under the Family and Medical Leave Act. Her co-worker comes to you and tells you that the...more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

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You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Sheppard Mullin Richter & Hampton LLP

Illinois is the Latest State to Enact a Salary Transparency Law

Sheppard Mullin Richter & Hampton LLP on

Illinois is the latest in a growing trend among states and cities throughout the country to enact salary transparency laws. Illinois joins the ranks of California, Washington and Colorado, among others, requiring employers to...more

Fox Rothschild LLP

Take These Smart Steps to Reduce Risk, Build Defensible Terminations, and Stress Less!

Fox Rothschild LLP on

This post is part of Experience Matters, a series drawing on my 30+ years of defending employers in California employment litigation. The series highlights actions you can take to reduce risk – and worry less – as you manage...more

Miller Canfield

Time is Money: Addressing Time Theft in the Workplace

Miller Canfield on

Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more

Constangy, Brooks, Smith & Prophete, LLP

I got fired at age 60. Must have been my age.

Constangy, Brooks, Smith & Prophete, LLP on

Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

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So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Seyfarth Shaw LLP

How A Facebook Messenger Chat Can Become a “Usual and Customary” FMLA Notice Procedure For a Company

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Seyfarth Synopsis: In a recent ruling, Roberts v. Gestamp (Decided August 15, 2022), the Fourth Circuit reversed, in part, the lower court’s decision to grant the Company’s motion for summary judgment on the grounds that the...more

Littler

On your mark! Get set! Vacation! FAQs on German Vacation Law (Part 3)

Littler on

In the midst of the vacation season, many employers in Germany are prompted to address old and new questions surrounding the issue of vacation. This Insight series "On your mark! Get set! Vacation!" is designed to help...more

Husch Blackwell LLP

Massachusetts Court Awards Trebling of Late Wage Payments as Damages under Wage Act

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Many state wage-and-hour laws require that employers adhere to strict time requirements regarding payment of compensation owed upon termination, but the Massachusetts high court recently took that to another level....more

Littler

Amended Maine Law Will Require Vacation Payout When Employment Ends

Littler on

Maine’s governor recently signed H.P. 160 - L.D. 225, amending the state’s final wages statute to require that “[a]ll unused paid vacation accrued pursuant to the employer's vacation policy on and after January 1, 2023 must...more

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

Perkins Coie on

Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more

FordHarrison

How to Have a Smooth Separation of Employment—Unlike Tom Brady

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On February 1, 2022, Tampa Bay Buccaneers quarterback Tom Brady officially announced his retirement via Instagram. The word “officially” is key here, as news of Brady’s retirement initially leaked to the media a few days...more

Dickinson Wright

The Employment Malpractices at the Yellowstone – Dutton Ranch: “Damn Right I Did It!”

Dickinson Wright on

With Season 4 of Yellowstone in the books, and having time to fully process the impact of the U.S. Supreme Court’s OSHA vaccine mandate decisions, we thought we would kick off the 2022 All Things HR Blog by taking a deeper...more

Sherman & Howard L.L.C.

Know-Nothing Defense a Winner in Retaliation Cases

Sherman & Howard L.L.C. on

A recent case out of the Sixth Circuit, Mangold v. Norfolk Southern Railway Co. reminds employers of the importance of keeping an employee’s participation in protected activity on a need-to-know basis as a preventative...more

McAfee & Taft

FMLA does not prohibit termination for failure to comply with call-in requirements

McAfee & Taft on

Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply. In Koch v. Thames Healthcare Group, LLC, the employer had an...more

Hutchison PLLC

Client Alert: Changes to Hiring and Termination Process Under New Administrative Rules in North Carolina

Hutchison PLLC on

Governor Roy Cooper signed into law changes to the North Carolina Wage and Hour Act that change employer hiring and termination processes. The changes are effective immediately. Hiring New Employees: At the time of hiring,...more

Constangy, Brooks, Smith & Prophete, LLP

Employers With NC Employees, Take Note: Wage Payment Requirements Have Changed

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Gov. Roy Cooper (D) has signed into law important changes to employers’ obligations to notify North Carolina employees about their wages. The changes to the North Carolina Wage and Hour Act (available here, beginning at the...more

Faegre Drinker Biddle & Reath LLP

Accrued but Unused Vacation Pay Must Be Paid Out Upon Termination of Employment in Colorado

Faegre Drinker Biddle & Reath LLP on

On June 14, 2021, the Colorado Supreme Court held that although the Colorado Wage Claim Act (CWCA) does not require employers to provide employees with vacation pay, if employers choose to provide vacation pay, all accrued...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

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Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Fox Rothschild LLP

Resource: Checklists And Compliance Tips For New York City Hospitality Employers

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New York City hospitality employers face a myriad of requirements under federal, state, and local laws. This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more

Husch Blackwell LLP

Funny You Should Ask: Employer Considerations For Rehiring Employees

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As more businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address three questions...more

Constangy, Brooks, Smith & Prophete, LLP

Employer Gets Whacked On Workers' Comp, FMLA Overlap

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Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more

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