Category Archives: Hiring

Pennsylvania Supreme Court Holds Continued Employment Insufficient to Enforce Non-Compete Covenant

The Pennsylvania Supreme Court has held that employers looking to implement non-competition agreements (i.e. restrictive covenants not to compete) with their current employees must provide “new and valuable consideration” to render the agreement enforceable. Pennsylvania employers should now ensure that … Continue reading

Posted in Employment Contracts, Hiring, Non-Compete Agreements, Pennsylvania | Leave a comment

Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers

A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is … Continue reading

Posted in Compensation, Employee Policies & Procedures, Employment Contracts, FLSA/Overtime, Hiring, HR, Interstate Operations, Joint-Employer, Labor Relations, New York, NLRB, Unions, Wage and Hour | Leave a comment

New California Law Requires Grocery Stores to Retain Employees for 90 Days After Change of Ownership

On August 17, 2015, California Governor Jerry Brown signed into law AB 359, which provides protections to certain grocery industry employees upon a change of ownership of the grocery establishment. This new law is being billed as the first State … Continue reading

Posted in California, Hiring, Ownership Transition, Retail | Leave a comment

U.S. Department of Labor Expands State-Level Partnerships to Enforce Employee Classification Standards

On August 13, 2015, the U.S. Department of Labor announced the formal signing of a three-year Memorandum of Understanding (MOU) between DOL and the Alaska Department of Labor and Workforce Development for the purposes of sharing information and coordinating law … Continue reading

Posted in DOL, Employee Classification, Hiring, Independent Contractors, Uncategorized, Wage and Hour | Leave a comment

Government Contractors Face a Continuing Wave of Executive Orders on Labor & Employment

Recognizing the impact of the federal government’s contractor workforce as a standard-bearer for labor practices, the Obama administration has continued to issue executive orders that seek to strengthen the protections afforded to personnel within the federal contracting environment.

Posted in Compensation, Discrimination, EEOC, Employee Policies & Procedures, Executive Orders, Family Leave, FMLA, Government Contractors, Hiring, HR, Medical Leave, Minimum Wage, Overtime | Leave a comment

Online Application Systems Open a New Front in FCRA Class Actions

Any company that requires job applicants to complete an application and submit to a background investigation as part of the employment process should be familiar with the Fair Credit Reporting Act (“FCRA”).

Posted in Class Actions, Fair Credit Reporting Act, FCRA, Hiring | Tagged | Leave a comment

Abercrombie Decision Places Burden on Employers to Avoid ‘Accidental’ Discrimination in Pre-Employment Practices

Employers looking to project their brand through the “look” of their employees take notice: Ignorance of an employee’s need for religious accommodation is not a shield against liability.

Posted in Hiring, Pre-Employment, Religious Discrimination, U.S. Supreme Court | Tagged , , , | Leave a comment