News & Analysis as of September 18, 2024

Hiring & Firing › Work Suspensions

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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 -

Can You Suspend an Employee Without Pay for a Full Workweek Because of Performance Issues?

Parker Poe Adams & Bernstein LLP on 2/7/2020

According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for...more

Pre-suspension hearings, no more?

Hogan Lovells on 3/12/2019

Over the past 10 years, employers in the private sector where thrust into conducting a precautionary suspension hearing to avoid a claim of an unfair labour practice (public sector employers already played in that arena)....more

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on 2/11/2019

Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

Isolated ‘Highly Offensive Gender Slur’ Insufficient to Warrant Employee’s Termination

Genova Burns LLC on 10/19/2018

The New Jersey Supreme Court overturned the termination of a state employee who uttered a highly offensive gender slur that was overheard by other employees. William R. Hendrickson, Jr., a fire safety inspector with the New...more

A Step-By-Step Guide To Terminating Employees For Theft (Part One)

Fisher Phillips on 4/6/2018

There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016,...more

Suspension of an Employee Was a Fundamental Breach of Contract

Faegre Drinker Biddle & Reath LLP on 11/1/2017

In Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court considered whether the suspension of an employee amounted to a fundamental breach of contract on the part of her employer. A primary school...more

Brief Answers To Frequently Asked Employment- Related Questions

Payne & Fears on 8/10/2017

With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

NLRB Signs Off On Narrow Confidentiality Provision for Employee Reinstatement Agreements

Littler on 9/20/2016

In the recent case of S. Freeman & Sons, Inc., the National Labor Relations Board confronted the question of “whether an employer can require an employee to keep confidential the terms of a settlement agreement in exchange...more

The Pennsylvania Supreme Court Expands Application of Transfer Between Entities Act

Tucker Arensberg, P.C. on 6/8/2016

Central Westmoreland Career and Technology Center Education Association v. Penn-Trafford School District (Pa. Supreme Court, decided February 16, 2016). The Pennsylvania Supreme Court held that paragraph (b.1) of the...more

Stack Bros. to Pay $140,000 to Settle EEOC Age Discrimination and Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 9/21/2015

Employees Were Fired at Superior, Wis., Firm for Turning 62, Federal Agency Charged - MADISON, Wis. - Stack Bros. Mechanical Contractors, Inc. of Superior, Wis., a major heating and plumbing contractor in northern...more

Agatha Christie and Building Ethical Culture in an Organization

Thomas Fox - Compliance Evangelist on 9/15/2015

On this day in 1890, Mary Clarissa Agatha Miller, who later became known as Agatha Christie, was born in Torquay, Devon, England. As a youngster, she and her sister, Madge, made up thrilling stories to tell each other. As...more

Third Circuit Rules A Paid Suspension Is Not An Adverse Employment Action

Genova Burns LLC on 8/17/2015

On August 12, 2015, the Third Circuit ruled that a suspension with pay does not constitute an adverse employment action within the meaning of Title VII of the Civil Rights Act of 1964 (Title VII) and the Pennsylvania Human...more

Timing and Consistency in Employee Discipline

Pullman & Comley - Labor, Employment and... on 5/8/2015

A recent case decided by the Connecticut Appellate Court illustrates the importance of timing and consistency in administering employee discipline. In Barbee v. Sysco Connecticut, LLC, an opinion released on April 28, 2015,...more

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Hiring & Firing › Work Suspensions

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