News & Analysis as of November 10, 2024

Hiring & Firing › Third-Party

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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 -

CFPB Warns Employers That Use of Third-Party Consumer Reports Must Be Fair

Cozen O'Connor on 11/1/2024

The CFPB issued guidance regarding “Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions.” In the guidance, the CFPB warns that, like credit reports used by lenders to make lending...more

Fall 2024 Employer Check-up: Reduce Risk When Using AI Vendors’ Hiring Tools

Cozen O'Connor on 10/30/2024

Last month, the U.S. Department of Labor (DOL) announced a new initiative, the “AI & Inclusive Hiring Framework,” funded by the DOL’s Office of Disability Employment Policy (ODEP). This framework is a voluntary resource to...more

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

Miller Canfield on 5/14/2024

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Pay Transparency Requirements Impacting the Retail Industry

Jackson Lewis P.C. on 3/28/2024

As more state and local pay transparency laws are enacted throughout the country, retail industry employers face a new challenge in an ever-evolving industry. State Pay Transparency Laws Pay transparency laws are in effect...more

Risk of Using Third-Party Job Posting Sites

Husch Blackwell LLP on 7/13/2023

Third-party job posting sites such as Indeed, Job Recruiter, etc., can be an easy and efficient way for employers to fill positions with quality candidates; however, Wisconsin employers, including out-of-state employers with...more

The Ever-Evolving INFO #9’s 2022 Updates

Sherman & Howard L.L.C. on 9/15/2022

The Colorado Department of Labor and Employment (“CDLE”) recently published revisions to its guidance on the posting requirements of the Equal Pay for Equal Work Act (“Act”), including some examples that clarify how the CDLE...more

Third-Party Reports and Discrimination

Stokes Wagner on 4/30/2021

On January 27, 2021, the Third Circuit Court of Appeals let employers know that they cannot use recommendations from psychologists to justify disability discrimination in hiring. In Gibbs v. City of Pittsburgh, 989 F.3d 226...more

Littler Global Guide - United Kingdom - Q4 2019

Littler on 1/22/2020

Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds - Precedential Decision by Judiciary or Regulatory Agency - On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house...more

CalPERS Board Decision on Contract Workers Will Not Become Precedential. Now What? - Contract Workers May Still Be Reclassified as...

Best Best & Krieger LLP on 6/6/2019

The CalPERS Board of Administration will not consider whether to establish the Tracy Fuller decision as a CalPERS precedent, we have confirmed. While the decision to not pursue Fuller as a precedential decision is welcome...more

Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring,...

Carlton Fields on 12/10/2018

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability (“CGL”) insurance policy covers an...more

Three Takeaways From The DOL's New Labor Condition Application Form

Carlton Fields on 11/21/2018

Effective Nov. 19, U.S. employers seeking to file H-1B, H-1B1 and E-3 petitions (extension, new or amendment) must use the new ETA 9035 form, the legally required Labor Condition Application (LCA). The most important changes...more

Them Too: Customer Misconduct Can Lead To Sexual Harassment, Too

Fisher Phillips on 11/9/2018

As discussed previously, sexual misconduct and harassment is at the forefront of national conversation as never before. And, as this companion article cautions, given this heightened sense of awareness, you should be more...more

EEOC Sues Amada Senior Care For Sexual Harassment, Retaliation

U.S. Equal Employment Opportunity Commission... on 8/10/2018

Home Health Care Company Allowed Harassment of Female Employees and Retaliated When the Women Complained, Federal Agency Charges - DENVER - JoyVida LLC, doing business as Amada Senior Care in Colorado Springs and also in...more

H-1B Visas and Third Party Worksites

Burr & Forman on 6/27/2018

Every year, U.S. employers seeking highly skilled foreign professionals submit their petitions to U.S. Citizenship and Immigration Services (USCIS) with the hope of receiving an H-1B number. Since 1990, Congress has limited...more

Negligent Hiring and Supervision Can Be an 'Accident'

Farella Braun + Martel LLP on 6/11/2018

The California Supreme Court answered the Ninth Circuit’s certified question in Liberty Surplus Insurance v. Ledesma & Meyer Construction. The court rephrased the question presented to it as: “When a third party sues an...more

Global In-House Centers in India, v2.0

Pillsbury Winthrop Shaw Pittman LLP on 10/20/2017

GICs in India are evolving from cost-saving platforms into Innovation Centers for emerging digital technologies that can provide a competitive advantage. Recent years have seen a resurgence of interest in GICs in India...more

Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

Seyfarth Shaw LLP on 9/28/2016

Seyfarth Synopsis: African American pipefitters filed a class action against their labor union based on its allegedly discriminatory system for referring jobs to union members. Despite the fact that third-party employers...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

FCRA Tip: Keep Hands On

Sherman & Howard L.L.C. on 8/28/2015

A federal trial court will conduct a trial on a Fair Credit Reporting Act claim because the employer streamlined its background check system. In this case, a bank used a third party service provider to conduct background...more

Court Rules That Third Party Administrators Can Be Held Liable For FMLA-Related Violations

Franczek P.C. on 3/19/2013

Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more

Employers Faced January 1, 2013, Deadline to Update Fair Credit Reporting Act Notice

Maynard Nexsen on 2/18/2013

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when...more

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Hiring & Firing › Third-Party

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