News & Analysis as of

Hiring & Firing

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... more +
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 -
Dickinson Wright

$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price

Dickinson Wright on

A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant...more

Fisher Phillips

New DEI Guidance Ties Federal Funding to Compliance and Provides Roadmap for Employers: Your 6 Biggest Takeaways

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Federal officials just issued another warning that employers may be at risk of losing federal funding – including grant funding – if their DEI or similar programs violate anti-discrimination laws. Recent guidance from the...more

Proskauer - Government Contractor Compliance...

OFCCP Releases 2025 VEVRAA Hiring Benchmark

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The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2025 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) national benchmark.  Effective July 30, 2025, the new benchmark is 5.1%, a slight...more

Seyfarth Shaw LLP

DOJ Doubles Down on DEI and Antidiscrimination Obligations for Recipients of Federal Funds

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The U.S. Department of Justice recently issued a memorandum providing additional clarity and guidance on DEI-related programs and policies. The memo emphasizes that federally funded entities may not make decisions—such as...more

Venable LLP

CBER Director Resigns from FDA, Commissioner Makary’s Recent Remarks on FDA Staffing Cuts, CBER Hiring Data, and Additional...

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Through our Venable FDA Pulse series, we report on critical developments within the Food and Drug Administration (FDA or Agency) that may affect the Agency’s structure and stakeholder interactions. ...more

Venable LLP

HHS Finalizes Staffing Cuts, New CDER Director, CDER Hiring Data, and New AI Councils at FDA

Venable LLP on

Through our Venable FDA Pulse series, we report on critical developments within the Food and Drug Administration (FDA or Agency) that may affect the Agency's structure and stakeholder interactions....more

Fisher Phillips

“Regulate AI Outcomes, Not AI Tools.” Congressman Shares Vision for AI Regulation + 5 Tips for Employers

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Speaking at last week’s FP AI Conference, Congressman Jay Obernolte set out to debunk two misconceptions about artificial intelligence. The first is that AI is largely unregulated. The second is that we need to pass myriad...more

Fisher Phillips

Rhode Island’s New Workplace Laws: Menopause Protections, “Captive Audience” Meeting Ban, Minimum Wage Hikes, and More

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Rhode Island employers must keep up with new workplace laws enacted this year, including some that have already taken effect. The state not only joined a growing number of states that prohibit so-called “captive audience”...more

Littler

Acting NLRB General Counsel Issues Guidance for Salting Cases

Littler on

On July 24, National Labor Relations Board Acting General Counsel (AGC) William B. Cowen issued Memorandum GC 25-08 (the “Salting Memo”), which provides case processing guidance to the Regions for investigating...more

Dickinson Wright

Are Employee Driver’s License Requirements in the Rearview Mirror? What Washington’s New Law Says

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Heads up, employers—a new law went into effect in Washington State this week (effective as of July 27, 2025) limiting when an employer can require job applicants and employees to have a valid driver’s license. A recent update...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Holds That Intervening Events Do Not Erase Retaliation Claims

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On July 25, 2025, a three-judge panel of the Fourth Circuit issued its opinion in Finley v. Kraft Heinz Inc. upending the grant of summary judgment to an employer in a retaliation case. ...more

Haynes Boone

DOL Relaunches, Proposes Revisions to Affirmative Action Rules for Veterans and Disabled Workers

Haynes Boone on

The Department of Labor (DOL) is taking steps to revise and relaunch its affirmative action requirements for veterans and people with disabilities. ...more

Husch Blackwell LLP

Ten Tips for Keeping Your Faith Community Out of Legal Trouble - UPDATED July 2025

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Guidance for churches, dioceses, synagogues, mosques, and other faith communities to avoid exposure to common legal liabilities. Faith communities face many legal challenges common to for-profit businesses, along with a...more

Berkshire

Annual VEVRAA Benchmark Updated

Berkshire on

The Office of Federal Contract Compliance Programs (OFCCP) has released an updated hiring benchmark for protected veterans. Effective July 30, 2025, the national benchmark provided by OFCCP for contractors to use in their...more

Eversheds Sutherland (US) LLP

NLRB Acting General Counsel issues memorandum on union salting

Eversheds Sutherland (US) LLP on

On July 24, 2025, Acting General Counsel William B. Cowen of the National Labor Relations Board (NLRB) issued GC Memorandum 25-08, offering updated guidance to regional offices evaluating cases involving “salting”—a union...more

Proskauer - Law and the Workplace

[Podcast] AI Bias Audits

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In this episode of The Proskauer Brief partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is head of the Government Contractor Compliance Group, and Jonathan Slowik, senior counsel, Labor &...more

Polsinelli

Washington’s Mini-WARN Act Goes Into Effect

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What You Need to Know: Washington’s new mini-WARN Act applies to smaller employers with 50 or more full-time employees unlike the federal WARN Act which only applies to employers with 100 or more employees....more

Foster Garvey PC

2025 Legislative Developments Affecting Washington Employers

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Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

Fisher Phillips

Washington Further Limits Criminal Background Checks in the Workplace: An Employer’s Guide and Compliance Action Plan

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A new Washington law expands protections for job applicants and employees under the state’s Fair Chance Act, aligning the statewide law more closely with Seattle’s Fair Chance Employment Ordinance. Notably, employers will...more

Woods Rogers

Disparate Impact & Enforcement Rollbacks: What’s the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Fred Schutt joins host Leah Stiegler for an insightful discussion on disparate impact and the recent rollback of government enforcement in these types of...more

Kaufman & Canoles

[Event] Employment Law Symposium - August 28th, Richmond, VA

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Navigate the ever-changing employment law circus at our Richmond Employment Law Symposium. As legal rules continue to shift like contortionists, employers need practical strategies to stay compliant. The K&C Employment Law...more

Sheppard Mullin Richter & Hampton LLP

California Approves Rules Regulating AI in Employment Decision-making

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Effective October 1, 2025, updated regulations from the California Civil Rights Council will formally restrict the use of artificial intelligence (AI) tools in employment decision-making by California employers. In the...more

Mitratech Holdings, Inc

When Automation Moves Too Fast: The Hidden Risks of AI in Hiring

Mitratech Holdings, Inc on

On June 30, 2025, two security researchers revealed a security oversight that every hiring leader implementing AI should be aware of. Researchers accessed 64 million job application records from Paradox, a conversational AI...more

Fisher Phillips

Washington State Workplace Law Roundup: Nearly 20 New Laws Taking Effect Within the Next Year – Starting Now

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Washington lawmakers were busy this year, and a wave of new laws will have a major impact on the workplace. Employers must be aware of significant workplace laws taking effect within the next year, including 11 new laws that...more

Mintz

Real Versus Robot: How to Make Sure You’ve Hired a Human

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My colleagues recently wrote about the problems AI deepfakes pose in the workplace and some current legislation addressing the risks that AI poses through exploitative images on social media and in the workplace. It is...more

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