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Waivers Hiring & Firing

Seyfarth Shaw LLP

Navigating Visa Challenges: DOS Updates on Inadmissibility Waivers

Seyfarth Shaw LLP on

A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification,...more

Dickinson Wright

Clearing the J-1 Home Residency Hurdle: Four Ways to Waive the Home-Residence Requirement

Dickinson Wright on

J-1 status is a favorite for foreign nationals attending medical resident training programs in the United States. While there are many advantages to the J-1 visa category, one major obstacle remains for J-1 physicians who...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Congress Eases Criminal Offense Restrictions for Employment With Financial Institutions

Included in the defense spending bill signed by President Biden in December 2022 is a section with key provisions for financial institutions that will ease restrictions on hiring candidates with criminal records....more

Venable LLP

Risk Management Considerations for Summer Camps

Venable LLP on

Summer camps can be a great source of auxiliary income for independent schools, with the bonus of being fun and engaging for campers. But schools should be aware of the various risks associated with hosting a summer program...more

Barnea Jaffa Lande & Co.

Can Employers Request Medical Information during the Hiring Process?

Barnea Jaffa Lande & Co. on

Providing medical information about a person is a highly sensitive personal matter. Asking for it as part of the hiring process raises difficulties in relation to both Israeli labor and privacy protection laws. Employers may...more

Dentons

Don’t Let the Door Hit You on the Blank on the Way Out: Skipping the Notice Period

Dentons on

Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more

Constangy, Brooks, Smith & Prophete, LLP

COVID-19: Where are we now?

So far in 2020, COVID-19 has forced businesses to do everything from redesigning their facilities to taking the temperature of every employee on a daily basis, and from furloughing the workforce to shutting down the workplace...more

McGlinchey Stafford

Considerations for Workplace Safety in Light of Updated EEOC Guidance

McGlinchey Stafford on

COVID-19 has created new, unexplored territory for employers. Even in a pandemic, it’s imperative that employers follow all EEO laws. Since COVID-19 is consistently evolving, it is important that employers continue to follow...more

FordHarrison

FMCSA Temporarily Waives Certain Pre-Employment Substance Abuse Tests for CMV Drivers in Light of COVID-19

FordHarrison on

Executive Summary: On June 5, 2020, the Federal Motor Carrier Safety Administration (FMCSA) granted a waiver (effective from June 5, 2020 to September 30, 2020) from certain pre-employment testing requirements applicable to...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Announces COVID-19 Job Retention Scheme

The COVID-19 crisis has led to much uncertainty regarding continuing pay for employees who are unable to work from home, as well as overall job security, in the face of employers’ financial uncertainty....more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Genova Burns LLC

Beware the Boilerplate: New Jersey Court Finds Discrimination from Language in an Unsigned Settlement Agreement

Genova Burns LLC on

Just in time for Halloween, on October 31, 2018, a New Jersey federal court held that an unsigned, non-binding separation agreement could provide relevant background evidence of age discrimination, and that employers anywhere...more

Cozen O'Connor

How to Handle Waivers in Discrimination Cases

Cozen O'Connor on

It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - July 2018

ANTICORRUPTION DEVELOPMENTS - DOJ Extends FCPA Corporate Enforcement Policy to Misconduct in Mergers and Acquisitions - On July 25, 2018, in a speech to the Ninth Global Forum on Anti-Corruption Compliance in High Risk...more

Dorsey & Whitney LLP

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

Dorsey & Whitney LLP on

Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Burden-Shifting Analysis in Discrimination Case

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more

Jackson Lewis P.C.

Employer Commits Willful Violation of Fair Credit Reporting Act By Including Waiver In Statutorily Mandated Disclosure

Jackson Lewis P.C. on

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA. In sum, the...more

Stinson LLP

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

Stinson LLP on

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

FordHarrison

Ninth Circuit: FCRA Background Check Disclosure Cannot Include Liability Waiver

FordHarrison on

In a case of first impression, the Ninth Circuit Court of Appeals recently held that a background check disclosure that included a liability waiver violated the Fair Credit Reporting Act (FCRA). The Ninth Circuit is the first...more

Clark Hill PLC

Employers Violate the Disclosure Requirements of the FCRA if They Include Anything More Than the Disclosure Itself

Clark Hill PLC on

On January 20, 2017, in a case of first impression, the Ninth Circuit Court of Appeals ruled that a prospective employer violates Section 1681b(b)(2)(A) of the Fair Credit Reporting Act (FCRA) when it procures a job...more

Ballard Spahr LLP

Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

Ballard Spahr LLP on

In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's...more

Zuckerman Spaeder LLP

Court Nullifies CFO’s Employment Because of Prior Extortion Conviction

Zuckerman Spaeder LLP on

In lawsuits over contracts, parties sometimes assert defenses that contracts are voidable or void. A voidable contract is one as to which the party should have a choice as to whether it is enforceable or not; for example,...more

Fenwick & West LLP

Fenwick Employment Brief

Fenwick & West LLP on

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Sheppard Mullin Richter & Hampton LLP

Employers Exhale Relief, Governor Vetoes Ban on Employment Arbitration Agreements

On October 11, 2015, Governor Brown vetoed Assembly Bill No. 465. AB 465 was one of the most closely watched, controversial employment related bills passed by the California Legislature in recent memory. Understandably,...more

Mintz - Employment, Labor & Benefits...

NJ Appellate Court Offers New Guidance on Employee Arbitration Agreements

Earlier this month, the New Jersey Appellate Division ruled that employee arbitration agreements, to be enforceable, must contain a “clear and unmistakable” waiver of an employee’s right to a trial in court. In Milloul v....more

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