News & Analysis as of August 1, 2025

State Labor Laws

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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 -

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on 6/16/2025

Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Can Employers Fire Rioters? Employers’ Rights in Policing Employee Off-Duty Conduct and Employment Law Consequences of the Capitol...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/18/2021

Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the...more

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

McGlinchey Stafford on 10/16/2020

Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Shaw LLP on 9/28/2020

Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

A Decade In Review: Workplace Law In The 2010’s

Fisher Phillips on 1/2/2020

When the calendar turned to January 1, we not only saw the dawn of a new year but the beginning of a new decade. It’s natural, at such a turning point, to spend some time looking back on what has transpired in the past 10...more

California Freelance Writers and Photographers Challenge the Constitutionality of AB 5

Epstein Becker & Green on 12/24/2019

We have written previously about California’s new statute, referred to as AB 5, which codifies and expands the “ABC test” for independent contractors set forth in Dynamex Operations West, Inc. v. Superior Court....more

New York and New Jersey Ban Salary Inquiries

Troutman Pepper Locke on 9/10/2019

The growing trend to eliminate inquiries into a job applicant’s salary history continues. In July, New York and New Jersey became the latest states to enact legislation that will restrict employers from obtaining and...more

New Jersey Employers Are No Longer Permitted To Inquire About Applicants’ Compensation History

White and Williams LLP on 8/30/2019

Effective January 2020, New Jersey’s Law Against Discrimination (LAD) will prohibit private sector employers from asking new-hire applicants about their compensation history prior to making an offer of employment, which...more

[Podcast]: Can-My-Employees Participate in Political Activities?

Proskauer - Law and the Workplace on 2/26/2019

In this episode of the “Can My Employees Do That?” series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and...more

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

Proskauer - Law and the Workplace on 1/25/2019

In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more

Connecticut Employers are Banned from Asking Applicants' Salary History Effective January 1, 2019

FordHarrison on 1/4/2019

Executive Summary: As of January 1, 2019, Connecticut employers are prohibited from inquiring about an applicant’s prior salary history. ...more

Key California Employment Law Cases: September 2018

Payne & Fears on 10/17/2018

This month's key California employment law cases are from the California Court of Appeals and The Court of Appeals for the Ninth Circuit. Sumner v. Simpson Univ., No. C077302, 2018 WL 4579765 (Cal. Ct. App. Sept. 25, 2018)...more

Philadelphia District Court Strikes Down Portion of Salary History Ban

Hogan Lovells on 5/18/2018

On April 30, 2018, a Philadelphia federal judge issued an opinion striking down a portion of Philadelphia’s salary history ban. Salary history bans have become increasingly common tools used by various cities and states...more

You Can Ask About It, But You Can’t Rely Upon It: Finally, a Resolution to the Constitutionality of Philadelphia’s Wage Equity...

Fisher Phillips on 5/11/2018

According to the late great Tom Petty, “the waiting is the hardest part.” The United States District Court for the Eastern District of Pennsylvania (the “Court”), however, begs to differ with The Heartbreakers’ leading man....more

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

Troutman Pepper Locke on 5/2/2018

In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more

Food and Beverage Law Update: February 2018

Holland & Knight LLP on 2/20/2018

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

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