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Hiring & Firing › Unions › Employees

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 -
Ballard Spahr LLP

Judge bars CFPB mass firings

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The judge who barred the Trump Administration from dismantling the CFPB says the agency cannot implement plans to fire the majority of the bureau’s employees at this stage....more

Troutman Pepper Locke

Court Orders CFPB to Reinstate Employees and Resume Operations; CFPB Promptly Files Appeal

Troutman Pepper Locke on

On March 28, the Consumer Financial Protection Bureau (CFPB or Bureau) was ordered by the U.S. District Court for the District of Columbia to reinstate its employees and resume its operations. This decision comes after the...more

Orrick, Herrington & Sutcliffe LLP

CFPB files opposition brief to union’s request for preliminary injunction

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On February 24, the CFPB filed an opposition brief in response to the plaintiffs’ motion for a preliminary injunction in a suit challenging the recent actions the new administration has taken to halt CFPB operations, cancel...more

Proskauer - California Employment Law

“Have It Your Way,” California!  $20 Minimum Wage Backfires

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In late 2023, California supersized the minimum wage for fast food workers by a whopping 25 percent (increasing it from $16 to $20). This law was opposed by the fast food industry, while labor unions (and their many friends...more

Orrick, Herrington & Sutcliffe LLP

CFPB agrees to pause layoffs following district court order

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On February 14, the U.S. District Court for the District of Columbia ordered the CFPB to pause any layoffs. As previously covered by InfoBytes, and following a February 14 hearing, the CFPB agreed to halt any CFPB employee...more

Orrick, Herrington & Sutcliffe LLP

CFPB union files complaint and emergency temporary restraining order to halt dismantling of CFPB and restore its operations

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On February 13, a union representing CFPB employees and other organizations filed an amended complaint and an emergency motion for a temporary restraining order (TRO) in the U.S. District Court for the District of Columbia,...more

Proskauer - Labor Relations Update

Breaking: NLRB Drops Opposition to SpaceX’s Constitutionality Arguments

Proskauer - Labor Relations Update on

On February 3, 2025, the National Labor Relations Board (“NLRB” or the “Board”) filed a letter with the U.S. Court of Appeals for the Fifth Circuit on Space Exploration Technologies Corp. v. NLRB, Consolidated Case No....more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2025

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Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically...more

Littler

Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law

Littler on

On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or...more

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

Littler on

Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

Ballard Spahr LLP

Supreme Court Heightens Relief Standard For NLRB To Obtain 10(j) Injunctions

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A unanimous decision from the United States Supreme Court, issued on June 13, 2024, settles the split among the circuit courts concerning the factors to be considered by a court in considering a request by the National Labor...more

Carlton Fields

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

Carlton Fields on

In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more

Ballard Spahr LLP

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

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On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

Lowndes

New NLRB Rule Spells McTrouble for Some Employers

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The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

Foley Hoag LLP

NLRB Protects Solo Worker Protests as “Concerted Activity” Under Federal Labor Law

Foley Hoag LLP on

On August 31, 2023, the NLRB released its decision in Miller Plastic Products, Inc. and Ronald Vincer, 372 NLRB No. 134 (“Miller”), in which the Board re-established a fact-sensitive totality of the evidence test to determine...more

Proskauer - Labor Relations Update

Not A Clean Break:  Cautionary Tale for Employers Looking To Close Plants

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In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers...more

Carlton Fields

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

Carlton Fields on

New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

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In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Woods Rogers

NLRB Targets Severance Agreements

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In a decision that affects union and non-union employers, the National Labor Relations Board (NLRB) recently found that certain provisions often used in severance and release agreements violate the rights of employees under...more

White & Case LLP

Value-sharing within a company: upcoming changes

White & Case LLP on

On 10 February 2023, the national social partners concluded an interprofessional collective bargaining agreement ("ANI") on value-sharing, which has since been signed by the majority of the representative unions....more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

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Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Brooks Pierce

NLRB Releases Guidance Restricting Confidentiality and Non-Disparagement Provisions in Severance Agreements

Brooks Pierce on

On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations...more

Perkins Coie

February Tip of the Month: NLRB Ruling Affects Nondisparagement and Confidentiality Provisions

Perkins Coie on

On February 21, 2023, the National Labor Relations Board (NLRB or the Board) issued a significant decision that dramatically affects employers’ ability to include nondisparagement and confidentiality provisions in separation...more

Foley Hoag LLP

NLRB Restricts the Use of Broad Confidentiality and Non-Disparagement Clauses in Severance Agreements

Foley Hoag LLP on

On February 21, 2023, the NLRB issued a decision significantly restricting employers’ use of non-disparagement and confidentiality provisions in its agreements with its non-supervisory employees. As a result of the decision,...more

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