News & Analysis as of November 17, 2024

Employer Liability Issues

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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 -

5 Key Takeaways for New Jersey Employers and Staffing Agencies as State Issues Proposed Regulations for Sweeping Temp Labor Law

Fisher Phillips on 8/16/2023

New Jersey employers that rely on temporary labor are one step closer to fully understanding the contours of the groundbreaking temp worker rights law that recently took effect now that state regulators have released proposed...more

EEOC Proposes Regulations for Implementing the Pregnant Workers Fairness Act

Foley Hoag LLP on 8/14/2023

On August 7, 2023, the EEOC issued a Notice of Proposed Rulemaking containing its proposed regulations for implementing the PWFA. The PWFA was signed into law by President Biden on December 29, 2022 and went into effect on...more

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on 8/7/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

New York City’s Automated Employment Decision Tools Law Enforcement Postponed Until April 15, 2023

Epstein Becker & Green on 12/14/2022

As we previously noted, New York City’s Automated Employment Decision Tools Law (“AEDT Law”), regulating employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions, had an...more

NLRB Proposes Expanded Standard for Joint-Employer Status

Bowditch & Dewey on 9/14/2022

On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) regarding the standard for determining joint-employer status under the National Labor Relations Act (NLRA). ...more

Snapshot on Manufacturing Industry: New Joint Employer Rule Could Spell Trouble for Manufacturers

Fisher Phillips on 9/14/2022

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for...

Bradley Arant Boult Cummings LLP on 9/13/2022

Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act...more

New NLRB Proposed Rule Expands Joint Employer Definition

Steptoe & Johnson PLLC on 9/12/2022

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule to expand the definition of “joint employer” under the National Labor Relations Act (NLRA). If the proposed rule is adopted, a party will be...more

NYC Set to Finalize New Regulations to Further Complicate Fast Food Workplaces

Fisher Phillips on 2/2/2022

New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more

Federal Agency Actions (Could) Lead to Big Changes

Foley & Lardner LLP on 1/22/2020

Two federal agencies dealing with employment issues, the Federal Trade Commission (FTC) and the Department of Labor (DOL), are considering or have already implemented new rules that will affect employers. The issues relate to...more

FMLA Regs May Soon Get Revamped To Ease Employer Burdens

Fisher Phillips on 5/24/2019

If the Department of Labor has anything to say about it, employers may soon get a bit of a reprieve when it comes to dealing with the administrative and compliance difficulties associated with the Family and Medical Leave...more

The Bubbler - April 2019

Mintz - Employment Viewpoints on 4/15/2019

In the employment world, April showers bring regulatory updates impacting employers and employees throughout the country. We’ve provided brief updates below, along with links to our other posts providing more detail on each...more

EEOC Proposes Changes

Poyner Spruill LLP on 3/12/2019

On February 21, 2019, the EEOC proposed a rule to expand the use of its electronic portal; clarification of the meaning of a “No Cause” dismissal and the filing deadline for a charge, which is filed in a state with a deferral...more

Background Check Update: There’s A New FCRA Form in Town

Bradley Arant Boult Cummings LLP on 10/24/2018

If you conduct pre-hire background checks, you know you have to comply with the Fair Credit Reporting Act (FCRA) or risk trouble (called lawsuits). Part of that compliance is providing notice to the applicant if you are going...more

NLRB Proposes Tougher Standards For Plaintiffs Claiming Joint Employer Liability

Lewitt Hackman on 9/27/2018

The joint employer question has been a hot topic in franchise and employment litigation for the last few years. You may remember the Browning-Ferris decision of 2015, in which the National Labor Relations Board (NLRB, or...more

Labor Board Moves to Clear the Confusion on Joint Employment

Foley & Lardner LLP on 9/25/2018

On Friday, September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The...more

CFPB Issues New Background Check Summary of Rights Form With Imminent Effective Date

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/24/2018

On September 12, 2018, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule updating its A Summary of Your Rights Under the Fair Credit Reporting Act form, (“Summary of Rights”) which is required to be...more

NLRB Attempts to Clarify Joint-Employer Relationships With Proposed New Rule

Foley & Lardner LLP on 9/20/2018

On September 14, 2018, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking regarding its standard for determining the existence of joint-employer relationships. The proposed rule has the potential...more

NLRB Proposes New Joint Employer Standard

Smith Debnam Narron Drake Saintsing & Myers,... on 9/17/2018

In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On December 1, 2017, Mr. Robb issued Memorandum GC 18-02 (“Memorandum”) in which he...more

NLRB Announces Proposed Rule Changing Joint-Employer Standard

Proskauer - Labor Relations Update on 9/17/2018

The National Labor Relations Board announced that it will publish a Notice of Proposed Rulemaking today, September 14, regarding its joint-employer standard. The proposed rule will state that an employer may be considered...more

NLRB Issues Proposed Rulemaking on the Joint Employer Standard

Sheppard Mullin Richter & Hampton LLP on 9/14/2018

The National Labor Relations Board has made good on its recent promise to move forward with rulemaking to re-establish the decades-old joint employer standard in place prior to the Board’s 2015 decision in Browning-Ferris...more

Labor Board Proposes Complete Overhaul To Joint Employment Rule

Fisher Phillips on 9/14/2018

In a move that has been anticipated for several months, the National Relations Labor Board today published a proposed rule that would fundamentally alter the definition of joint employment, making it more difficult for...more

New York State Department of Labor Releases Draft Sexual Harassment Prevention Materials

Mintz - Employment Viewpoints on 8/28/2018

The New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights (DHR), has released drafts of its model sexual harassment prevention policy, complaint form, and harassment...more

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 3/14/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

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