News & Analysis as of September 22, 2024

Wage and Hour

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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 -

"Quiet firing": A bad idea

Constangy, Brooks, Smith & Prophete, LLP on 10/27/2023

Better to have the courage of your convictions. I'm sure you've heard of "quiet quitting," when an unhappy employee does the bare minimum to get by and keep drawing a paycheck, but doesn't care much about the job beyond...more

[Event] Annual Labor & Employment Law Seminar - November 3rd, La Jolla, CA

Procopio, Cory, Hargreaves & Savitch LLP on 10/13/2022

An event presented by Labor and Employment and Human Resource Professionals - Mark your calendars! You won’t want to miss Procopio’s annual Labor & Employment Seminar in La Jolla on November 3rd. As a dedicated...more

A Fast Food Employer’s Guide to NYC’s Recently Upheld Wrongful Discharge Law

Cozen O'Connor on 3/2/2022

The New York City Fair Workweek Law was initially enacted in 2017 to expand wage and hour protections for employees working at fast food businesses. On December 17, 2020, the City Council amended the Fair Workweek Law by...more

24 Key Developments in Canadian Labour and Employment Law in 2021

Littler on 12/17/2021

In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed...more

Ontario, Canada Court Reduces Reasonable Notice Period Due to the Employee’s Failure to Take Reasonable Steps to Mitigate Damages

Littler on 6/29/2021

In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more

Pandemic-Born Rules: Nevada’s Newest Employment Laws

Littler on 6/21/2021

In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation, some of which affect employers. ...more

Out-of-State Employer Must Comply With Montana Wrongful Discharge Act, Montana Court Rules

Jackson Lewis P.C. on 4/6/2021

Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific...more

California Employment Law Notes - March 2021

Proskauer - California Employment Law on 3/19/2021

Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims - Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) - George Choochagi worked as a technical support manager for...more

Adding Insult to Injury: Employers Facing COVID-19-Related Lawsuits Commonly Face Tacked-On Wage and Hour Claims

Fisher Phillips on 3/15/2021

It’s never good news to hear that you have been sued, but lately the flood of COVID-related cases come with something extra – wage and hour claims. In essence, former employees who are retaining counsel for claimed wrongful...more

New York City Kills At-Will Employment For Fast Food Workers

Vinson & Elkins LLP on 2/11/2021

I was recently asked to speak to a Human Resources Management class at a local university about how American employment law is different from employment laws in other countries. While there are many things that distinguish...more

California Employment Law Notes - November 2020

Proskauer - California Employment Law on 12/3/2020

Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” - Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) - Allstate terminated Michael Tilkey, a 30-year employee who sold life...more

Key California Employment Law Cases: October 2020

Payne & Fears on 11/13/2020

Summary: Employers have a duty to investigate the accuracy of any criminal conviction report prior to terminating an employee on the basis of such information where there is evidence that the report may be incorrect. ...more

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

American Conference Institute (ACI) on 10/26/2020

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

Pinterest’s Former Chief Operating Officer Levies Claims Of Gender Bias Against Company

Fisher Phillips on 8/19/2020

Former Pinterest Chief Operating Officer and top ranking female executive Françoise Brougher just filed a 17-page complaint in San Francisco Superior Court against Pinterest alleging a toxic work environment that allowed...more

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

American Conference Institute (ACI) on 7/13/2020

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

Proskauer - Law and the Workplace on 2/28/2020

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and...more

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry

Cozen O'Connor on 2/12/2020

The New York City Council has proposed additional legislation that would have a major impact on businesses falling within the broad definition of “fast food establishments” and has scheduled a hearing on the bills for...more

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on 1/23/2020

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

Employment News: wrongful dismissal, equal pay, workers

Hogan Lovells on 12/16/2019

Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more

Global Employment Contracts: The Modern Tower of Babel

McDermott Will & Emery on 10/4/2019

Although multi-jurisdictional compliance is a challenge in relation to every aspect of employment law, the structure of employment contracts and the enforcement of global policies require particularly careful consideration. ...more

All Present and Accounted For? If Not, You May Want to Rethink Your Attendance Policy

Butler Snow LLP on 8/27/2019

Employee attendance problems are probably the most common reason for disciplinary action and discharge. Yet many employers pay surprisingly little attention to their attendance policies. I often see policies consisting of...more

Labor Court Ruling on Gender Pay Discrimination

Barnea Jaffa Lande & Co. on 7/24/2019

Last June, the Be’er Sheva Regional Labor Court published an unusual decision. It concerned a female pharmacist who earned a lower salary than a man performing similar work at a different pharmacy owned by the same employer....more

Top 10 Mistakes To Avoid in 2019

Butler Snow LLP on 1/7/2019

It’s hard to believe another year is coming to a close, but here we are. As part of my personal year-end celebration, I have prepared an informal ranking of the top mistakes I’ve tried to help clients avoid, correct, or...more

Massachusetts Employers, Non-Compete Reform is Here!—How is Your Organization Addressing It?

Fisher Phillips on 11/1/2018

One month into Massachusetts’ new non-competition law, employers throughout the Commonwealth are learning what many predicted from the beginning—there are a lot more questions than answers. As Fisher Phillips previously...more

California Court of Appeal Affirms That Dynamex’s ABC Independent Contract Test Is Limited To Claims Arising Under Wage Orders

Sheppard Mullin Richter & Hampton LLP on 10/26/2018

In Jesus Cuitlahuac Garcia v. Border Transportation Group, LLC, et al, the California Court of Appeal, Fourth Appellate District has held that the ABC test set forth in Dynamex Operations West, Inc. v. Superior Court, 4...more

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