News & Analysis as of

Wage and Hour At-Will Employment

Haynsworth Sinkler Boyd, P.A.

Essentials for Maintaining Employee Handbooks, Including the Latest Employment Law Updates

While not legally required, having an employee handbook is in every company’s best interest. It serves as a tool to communicate policies, procedures, and company values, providing protection for employers when they are...more

Lerch, Early & Brewer

Clint Eastwood, Common Employer Mistakes, and Happy Plaintiffs’ Attorneys

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“Go ahead, make my day” – catchphrase from the 1983 film, Sudden Impact, spoken by the character Harry Callahan, played by Clint Eastwood. With a nod to Clint Eastwood, below are 12 things that employers do (or fail to...more

Dunlap Bennett & Ludwig PLLC

Common Misconceptions About Virginia Termination Laws

Navigating the intricate landscape of employment laws and regulations can be daunting, and Virginia’s termination laws are no exception. We often encounter clients with various misconceptions about the laws governing...more

Cole Schotz

The End of At-Will Employment in New York?

Cole Schotz on

New York State and New York City are currently considering bills that would effectively end at-will employment. On March 6, 2023, a trio of New York State Senators introduced Senate Bill S05459, which, if passed, will...more

Constangy, Brooks, Smith & Prophete, LLP

Will New York City scrap employment at will?

In December 2020, the New York City Council passed the Wrongful Discharge Law, which prohibited fast food employers from terminating employees “except for just cause or for a bona fide economic reason.” A bill has now been...more

Cranfill Sumner LLP

Business Court Holds that Employees’ Continued Work for Reduced Salaries Waived Claims for Breach of Employment Contracts

Cranfill Sumner LLP on

In Gallaher, et al. v. Ciszek, et al., 2022 NCBC 67, Chief Business Court Judge Louis A. Bledsoe, III, recently held that three neonatologists who continued to work after their employer unilaterally reduced their...more

Constangy, Brooks, Smith & Prophete, LLP

New hipness in employment law

The right to bore, and not to be bored. These two cases are not from the U.S.A. But they have some good lessons for U.S. employers. Case One: "C'est cool d'être ringard." (English translation: "It's hip to be square.") A...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

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

McAfee & Taft

'I got fired …. but I still want my commissions'

McAfee & Taft on

Although it involves Texas law, a recent case illustrates the pitfalls that an employer can face when a former employee makes a claim for commissions or compensation after their employment has ended. It also offers...more

Cranfill Sumner LLP

[Webinar] Employment Law Roundtable 2022 - April 21st, 10:00 am - 11:00 am ET

Cranfill Sumner LLP on

Employment attorneys from our firm will discuss a range of Employment Law topics, including recognizing the importance of the agency principle, managing the manager, challenging the paradigm of no due process for at-will...more

Proskauer - California Employment Law

At-Will Employees May Sue Their Employer For Misrepresentation Of Intended Job Duties

A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s description of the kind or character...more

K&L Gates LLP

Illinois Employment Law Developments

K&L Gates LLP on

Illinois may be on the road to becoming the “California” of the Midwest based on the latest developments in its employment laws. The following is a look at the key regulatory changes for 2022 and possible changes for 2022 and...more

Dunlap Bennett & Ludwig PLLC

How to Legally Fire an Employee in Virginia

In Virginia, employment is “at will,” meaning, in short, that employers may legally fire an employee at any time, for any reason, without cause. Likewise, an employee is free to quit at any time. Neither the employer nor the...more

Conn Kavanaugh

Employers Beware: M.G.L c. 149, § 52C Right to Rebut Trumps At-Will Employment

Conn Kavanaugh on

Massachusetts law gives employees the right to submit a written statement explaining the employee’s position when the employee disagrees with any information contained in the employee’s personnel record. This written...more

Jackson Lewis P.C.

Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions

Jackson Lewis P.C. on

Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully...more

Littler

Maine Legislative Update: Back to Work Incentives, Ban the Box, Tip Minimum, and Other Developments Affecting Employers

Littler on

The First Special Session of the 130th Maine Legislature ended on July 19, 2021 with a flurry of votes on pending bills. Many of the newly-enacted laws, which were adopted with little debate, will significantly impact almost...more

Davis Wright Tremaine LLP

Two Upcoming NYC Laws Severely Impact Fast Food Employee Discharge, Scheduling, and Hiring

In a move that will likely cause local fast food restaurants to strongly consider automating many jobs currently performed by human beings, New York City has enacted a pair of laws effectively eliminating the at-will...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

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

FordHarrison

New Jersey Employment Law Desk Reference at a glance | 2021

FordHarrison on

Employment at Will - New Jersey adheres to the principle of at-will employment. Accordingly, an employment relationship may be terminated for any reason at the will of either party, provided the reason is not otherwise...more

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

New York City Set To End At-Will Employment For Fast Food Workers

On December 17, the New York City Council passed two bills that will fundamentally alter the terms and conditions of employment for fast food employers in the city. Mayor Bill de Blasio is expected to sign both bills. In a...more

Fox Rothschild LLP

NY City Council Ends At-Will Employment For Fast Food Workers

Fox Rothschild LLP on

On December 17, 2020, New York City Council passed amendments to the Fair Work Practices chapter of the New York City Administrative Code, referred to as the “Fair Work Week Law,” that will significantly alter the...more

Proskauer - Law and the Workplace

New York City Council Introduces COVID-19 Bills Addressing Essential Workers and Paid Sick Leave Coverage

As previously announced, the New York City Council has introduced an expansive package of COVID-19 bills that, among other things, propose sweeping protections for “essential” workers. The significance of this proposed...more

Cozen O'Connor

Employment Law Now IV-55 – Six Significant Developments to be On Your Radar

Cozen O'Connor on

Today’s episode looks at 6 key developments that every company should be thinking about: Coronavirus preparedness, the elimination of “at will”, post-shift security check compensation, a win for salary history bans,...more

Cozen O'Connor

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

Cozen O'Connor on

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

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