News & Analysis as of September 19, 2024

Hiring & Firing › Terms and Conditions

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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 Expands Joint Employer Rule

Ballard Spahr LLP on 11/2/2023

Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The...more

Labor Board’s Finalized Joint Employer Rule Ensures More Workers Will Seek Union Membership: Your 10-Step Plan

Fisher Phillips on 10/26/2023

The National Labor Relations Board just released its final joint employer rule that makes it easier for workers to be considered employees of more than one entity for labor relations purposes – a move that will result in...more

Fifth Circuit Overturns Employer-Friendly Limitations on Title VII Claims

Dechert LLP on 9/1/2023

Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Sheppard Mullin Richter & Hampton LLP on 8/22/2023

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Do I Need An Employment Agreement Lawyer?

Dunlap Bennett & Ludwig PLLC on 7/10/2023

Employment agreements are contracts that lay out the terms and conditions of an employment relationship. Establishing a clear, written, and legally binding employment agreement with the support of an employment agreement...more

Full Fifth Circuit to Rehear Case Challenging Its ‘Ultimate Employment Decisions’ Rule

Jackson Lewis P.C. on 10/20/2022

The full U.S. Court of Appeals for the Fifth Circuit will rehear a case to decide whether its standard for proving workplace discrimination under Title VII of the Civil Rights Act improperly screens out legitimate...more

Key Developments for Employers in the UK - Issue 4

Dechert LLP on 10/20/2022

Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more

The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for...

Bradley Arant Boult Cummings LLP on 9/13/2022

Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act...more

New NLRB Proposed Rule Expands Joint Employer Definition

Steptoe & Johnson PLLC on 9/12/2022

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule to expand the definition of “joint employer” under the National Labor Relations Act (NLRA). If the proposed rule is adopted, a party will be...more

OFCCP Week In Review: June 2022 #4

DirectEmployers Association on 6/27/2022

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

Be Careful About Restricting Employee Communications with Media

Akerman LLP - HR Defense on 8/9/2021

Employers that bar staff from communicating with the media should take another look at those prohibitions, following a recent federal appellate decision finding such a policy unlawful under the National Labor Relations Act...more

Labor Relations 101 For Dealerships: An 8-Step Plan To Protect Your Organization

Fisher Phillips on 2/3/2021

Dealerships are increasingly susceptible to employee complaints about pay and working conditions as well as employee efforts to unionize. These employee actions are generally protected by the National Labor Relations Act...more

6 Key Takeaways | National Labor Relations Board Issues New Final Rule on Joint Employers

Kilpatrick on 3/2/2020

The National Labor Relations Board (NLRB/Board) recently issued a new rule effectively overturning an Obama-era precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

NLRB Announces Final Joint Employer Rule

Mintz - Employment Viewpoints on 2/26/2020

The National Labor Relations Board (the “NLRB”) announced yesterday that it will issue its final rule for determining joint-employer status under the National Labor Relations Act (the “NLRA”) today, February 26, 2020. This...more

NLRB Issues its Final Rule for its New Joint Employer Standard

Proskauer - Labor Relations Update on 2/26/2020

This morning the National Labor Relations Board (the “Board”) unveiled the final rule setting forth the new legal test it will apply in analyzing whether affiliated businesses are “joint employers”. The final rule, which will...more

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

Fisher Phillips on 2/26/2020

The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Holland & Hart - Employers' Lawyers on 11/11/2019

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more

The Top 5 Dos and Don’ts of Employee Handbooks - Labor & Employment Newsletter

Bradley Arant Boult Cummings LLP on 4/30/2019

Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more

Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment

Fisher Phillips on 4/2/2019

The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more

Federal Court Reinforces Limited Geographic Scope Of NYC’s Anti-Discrimination Laws

Fisher Phillips on 2/26/2019

A New York federal court recently reinforced the limited geographic scope of the New York City Human Rights Law, a city law which provides broader anti-discrimination and anti-retaliation protections to employees than the New...more

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

Fisher Phillips on 2/12/2019

A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

Fisher Phillips on 1/18/2019

In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

New Joint-Employer Standard Properly Developed But Improperly Applied, Rules Federal Appeals Court

Proskauer - Labor Relations Update on 1/16/2019

There have been many precedent changing decisions coming from the NLRB in the last few years. Few of these changes were more hotly contested, or farther reaching, than the Board’s decision in Browning-Ferris where it altered...more

Employer’s Representation Petition Not Barred By Existence of Signed Contract, Divided NLRB Rules

Proskauer - Labor Relations Update on 12/3/2018

As we have noted at times, the human element in labor relations makes for interesting situations. One of the more interesting issues is the timeliness of representation petitions, which, despite the existence of clear rules,...more

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/15/2018

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

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