#MeToo

Pros and Cons of Mandatory Arbitration Policies for Employment Disputes

Accommodations

Accommodation Requirements for Pregnant Employees Are Similar to ADA ProtectionsNY District Court Rules ADA Does Not Apply to Internet-Only Businesses

Advertising

Social Media Job Postings and Age Discrimination

Age Discrimination in Employment Act

U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim “Disparate Impact” Under ADEAADEA Waivers Must Be Written in Plain Language to Be Enforceable

Agreements

Pennsylvania Limits Noncompete Agreements for Health Care PractitionersA Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

Americans With Disabilities Act

Accommodation Requirements for Pregnant Employees Are Similar to ADA ProtectionsNY District Court Rules ADA Does Not Apply to Internet-Only Businesses

Applicants

CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRAThird Circuit Upholds Philadelphia's Salary History Ban

Arbitration

SCOTUS Resolves Circuit Split: A Showing of Prejudice Not Required to "Waive" Right to ArbitrationPros and Cons of Mandatory Arbitration Policies for Employment Disputes

Artificial Intelligence (AI)

AI in Employment: Navigating the Legal Landscape with Lessons from I, RobotGenerative AI in the Workplace: It’s Not 'The Matrix' Reloaded

Background Checks

CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRAEleventh Circuit Weighs in on FCRA “Legitimate Business Purpose,” Affirms Dismissal in Favor of Defendant Who Accessed Credit Report to Verify Identity and Eligibility

Benefits and Executive Compensation

Labor + Employment Workforce Watch - April 2025Federal Court Strikes Down DOL's 2024 Rule on Overtime Exemptions Nationwide

California

Labor + Employment Workforce Watch - April 2025Unpacking California's 2024 Employment Laws: Key Changes Employers Need to Know

Class Actions

Illinois Supreme Court Rules BIPA Claims Accrue With Each ScanCalifornia Court of Appeal Affirms Order Striking Unmanageable PAGA Claim

Contracts

Are No-Hire Provisions Now Void and Unenforceable Under Pennsylvania Law?

COVID-19

WARNING: Fifth Circuit Concludes COVID-19 Does Not Meet “Natural-Disaster” Exception Under the WARN ActUS Supreme Court Issues Rulings in Challenge to OSHA Vaccine and Testing ETS and CMS Interim Final Rule

Department of Labor

Federal Court Strikes Down DOL's 2024 Rule on Overtime Exemptions NationwideNew DOL Rule: Changes to Salary Thresholds for Overtime Exemptions

Discrimination

Labor + Employment Workforce Watch - April 2025Major Change to Federal Contractors’ Affirmative Action Requirements

Discrimination and Harassment

Employer Justified in Terminating Employee Over Inappropriate Social Media PostsWidespread "Revival Statutes" Forcing Employers to Take Stock of Past Practices and Prepare for a Barrage of Sexual Misconduct Litigation: New York Becomes the Latest State to Enact Revival Legislation for Adult Victims

Dress Codes

Hair Styles May Be Protected Under Discrimination Laws

Drug Tests

Employer Drug-Testing Policies Must Evolve With State LawMax TV Series Industry and Drugs in the Workplace

EEOC

Labor + Employment Workforce Watch - April 2025With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Electronic Communications

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

Employee Handbooks

Illinois Court Eliminates Another BIPA DefenseIllinois Supreme Court Rules on Workers' Compensation Act and BIPA

Employment Laws

Labor + Employment Workforce Watch - April 2025New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination

Equal Pay

NYC Amends Upcoming Salary Transparency Law and Releases Key GuidancePay Transparency and Salary Equity Laws: Coming to a State Near You?

Events

Understanding the FTC's Noncompete Ban: A Comprehensive Guide for EmployersLabor and Employment Seminar

Exempt Status

New DOL Overtime Rule Takes Effect January 1, 2020Complying with the Department of Labor's Proposed Overtime Regulations

Fair Labor Standards Act

Federal Court Strikes Down DOL's 2024 Rule on Overtime Exemptions NationwideThird Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

Family and Medical Leave Act

Delaware Passes Paid Family Leave LawMaryland Legislature Passes the Time to Care Act, Overriding Governor's Veto

Federal Contractors

Biden Administration Announces Vaccination Mandate RulesAggregating Pay Data in the New Year: Time to Get Your House in Order

First Amendment

Let Them Eat Cake: U.S. Supreme Court Admonishes Colorado Civil Rights Commission to Avoid Anti-Religious Bias

Harassment

Musical Harassment: Ninth Circuit Finds Offensive Music in the Workplace Can Constitute Sexual HarassmentBiden's "Speak Out Act" Bars Use of Nondisclosure and Nondisparagement Agreements to Restrict Sexual Harassment and Sexual Assault Allegations

Health and Safety

New Jersey’s Executive Order Addresses COVID-19 and Workplace SafetyEmployers Should Act Now in Response to New Order from the Pennsylvania Department of Health

Hiring

NYC to Prohibit Employment Discrimination Based on Height and WeightWater Cooler Talk: Insights From 'The Bear' on Right and Wrong Ways to Manage Employees

Holidays

The Importance of Clear Floating Holidays and Personal Days Policies

Human Resources

Illinois Court Eliminates Another BIPA DefenseWater Cooler Talk: Insights From 'The Bear' on Right and Wrong Ways to Manage Employees

Human Resources and Workplaces

Labor + Employment Workforce Watch - April 2025Navigating Legal Obstacles in Life Sciences Restructurings

Immigration

Labor + Employment Workforce Watch - April 2025Federal Government Issues Comprehensive Guidance for Employers Using Form I-9 Software Programs

Independent Contractors

DOL Publishes Final Independent Contractor RuleDOL Proposes New Standards on Independent Contractor Classification

Investigations

Labor + Employment Workforce Watch - April 2025Water Cooler Talk: Investigation Lessons in 'Minority Report'

Joint Employers

Southern District of New York Judge Strikes Down Department of Labor Standard for Joint EmploymentNinth Circuit Finds Franchisors Not Joint Employers of Employees of Franchisees Absent Direct Control Over Wages, Hours and Working Conditions

Labor

Federal Court Strikes Down DOL's 2024 Rule on Overtime Exemptions NationwideThird Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

Leaves of Absence

Overview of New California Employment LawsOregon Employment Law Update

New Jersey

New Jersey Proposal for New Rules Pertaining to Disparate Impact DiscriminationNew Jersey Published Proposed Regulations Implementing the "Temporary Workers' Bill of Rights"

New York

Talk About Competition! New York City Considers 3 Different Noncompete BansNew York Governor Vetoes Proposed Ban on Noncompete Agreements

News

Welcome to HiringToFiring.Law - Our Combined Labor and Employment Blog for Our Combined Firm

NLRA

Labor + Employment Workforce Watch - April 2025Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

Non-Solicitation

Court Awards Employer Over $1 Million for Former Employee's Breach of Nonsolicitation ClauseAre No-Hire Provisions Now Void and Unenforceable Under Pennsylvania Law?

Noncompete

Labor + Employment Workforce Watch - April 2025FTC Refocuses Its Resources to Continue Its Work for Labor Market

Notices

Deadline Looms for Employers to Provide CCPA Notices

OFCCP

A Message to Employers Who Aren’t in a Current OFCCP AuditAggregating Pay Data in the New Year: Time to Get Your House in Order

OSHA

OSHA’s “Walkaround” Rule Allows Union Reps and Others Access to Private Worksites During InspectionsDOL-OSHA Announces New COVID-19 Vaccine ETS for Private-Sector Workers

Performance Management

CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRAMaking Sandwiches and Managing Employees: Hulu’s The Bear

Podcasts

The Evolution of Equal Pay: Lessons From 9 to 5‎From Ideas to Ownership: Navigating IP and Employment Law ‎Through the Lens of The Social Network

Privacy

AI in Employment: Navigating the Legal Landscape with Lessons from I, RobotIllinois Court Eliminates Another BIPA Defense

Recordkeeping

Using Employees' Fingerprints for Timekeeping: Protecting Employee Data and Minimizing RiskLayoffs and Business Closures: What to Consider Before Taking Action

Religious Accommodation

Pennsylvania State Court Rules That Private Employer May Deny Exemption Request From COVID-19 VaccinationLet Them Eat Cake: U.S. Supreme Court Admonishes Colorado Civil Rights Commission to Avoid Anti-Religious Bias

Restrictive Covenants

Colorado Implements New Restrictive Covenant LawsCourt Awards Employer Over $1 Million for Former Employee's Breach of Nonsolicitation Clause

Retaliation

New York Expands Whistleblower Protections Under Section 740 of the Labor LawA Company’s Press Release May Be Used Against It In Employee’s Retaliation Litigation

Salaries

Federal Court Strikes Down DOL's 2024 Rule on Overtime Exemptions NationwideNYC Amends Upcoming Salary Transparency Law and Releases Key Guidance

Security

Reducing Cybersecurity Threats from Employee Conduct

Settlement

California Now Prohibits No-Rehire Provisions in Certain Employee Settlement AgreementsNew York Human Rights Law Amendments Effective October 12, 2019

Sexual Orientation

Comments on Social Media about an Employee’s National Origin Could Lead to Allegations of DiscriminationNew Pa. Guidance Interprets Anti-Discrimination Law to Cover LGBT Individuals

Sick leave

New York Releases Guidance on Paid Sick Leave; Key Questions Remain UnansweredNew York Sick Leave Goes Into Effect on September 30, 2020

social media

Employer Justified in Terminating Employee Over Inappropriate Social Media PostsInappropriate Video Conduct Not Always Sufficient Grounds for Employment Termination

Speech

Surveillance in the WorkplaceRegulating Speech at Work

Tax

Confidential Harassment Settlements No Longer Subject to Tax Deduction

Termination

SEC Charges Privately Held Monolith Resources for Violating Whistleblower Protection RulesCFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRA

Title VII of the Civil Rights Act

Musical Harassment: Ninth Circuit Finds Offensive Music in the Workplace Can Constitute Sexual HarassmentWith Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Trade Secrets/Data Privacy

AI in Employment: Navigating the Legal Landscape with Lessons from I, RobotWater Cooler Talk: Trade Secret Lessons From 'Severance'

Training

Diversity, Equity, and Racial Sensitivity Training After Executive Order 13950Delaware Passes Sexual Harassment Law Which Includes Training Mandates for Employees

Uncategorized

The Annual H-1B Cap Lottery: An OverviewWater Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

Unemployment compensation

The $1.9 Trillion American Rescue PlanPennsylvania Supreme Court Clarifies Independent Contractor Standard For Purposes of Unemployment Compensation Taxes

Union Dues

Supreme Court Rules Public Sector Nonmember Union Dues Are Unconstitutional

union organizing

Is Labor Activity Increasing? What’s on the Horizon for Employers?Two Federal Agencies Make it Easier to Establish Independent Contractor Status

Wage and Hour

Overview of New California Employment LawsNew York State To Eliminate Tip Credit For Many Employees Beginning June 2020

Wages

Federal Court Strikes Down DOL's 2024 Rule on Overtime Exemptions NationwideNew Jersey Published Proposed Regulations Implementing the "Temporary Workers' Bill of Rights"

Waiver and Release

ADEA Waivers Must Be Written in Plain Language to Be Enforceable

WARN Act

WARNING: Fifth Circuit Concludes COVID-19 Does Not Meet “Natural-Disaster” Exception Under the WARN ActSlate of N.J. Laws Require Severance Pay in Mass Layoffs and Increased Penalties for Worker Misclassification

Wellness

Employer Planning Is Key to Managing Coronavirus DiseaseEEOC's Wellness Program Rules in Doubt