News & Analysis as of August 11, 2025

Employment Litigation

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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 -

National Labor Relations Board updates guidance for investigating salting cases

Clark Hill PLC on 8/5/2025

On July 24, the National Labor Relations Board’s Acting General Counsel, William B. Cowen, issued updated guidance for investigating salting cases that will likely enhance employers’ chances of prevailing before the board....more

California Employers Using Arbitration Agreements Want To Take Note of New Guidance From a Recent California Appellate Case

Davis Wright Tremaine LLP on 7/2/2025

California employers often require their new hires and current employees to sign arbitration agreements ("agreements") as a condition of employment or continued employment. To be enforceable, these agreements require that the...more

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

Kaufman & Canoles on 10/10/2024

Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

Wage and Hour Around the Corner: DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

Seyfarth Shaw LLP on 8/28/2024

The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more

Court Provides Guidance Regarding Employer Vaccine Mandates

Seyfarth Shaw LLP on 5/23/2023

Seyfarth Synopsis: In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair...more

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements

Spilman Thomas & Battle, PLLC on 4/6/2023

In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more

NLRB Releases Guidance Restricting Confidentiality and Non-Disparagement Provisions in Severance Agreements

Brooks Pierce on 3/24/2023

On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations...more

July 2021: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 8/4/2021

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 have been an unprecedented number of changes for the past few years—and this past month...more

#WorkforceWednesday: OSHA ETS on Hold, Retaliation Claims Increase, "Vaccination Ambassadors" - Employment Law This Week®

Epstein Becker & Green on 4/14/2021

Welcome to #WorkforceWednesday. This week, employers continue waiting on the Occupational Safety and Health Administration’s (OSHA’s) COVID-19 emergency temporary standard as retaliation claims rise. Secretary of Labor Puts...more

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on 8/4/2020

Employment News: PCPs, NDAs, unfair dismissal

Hogan Lovells on 2/26/2020

Turning a blind eye – one-off act not a PCP - In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more

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