Wednesday, July 8, 2026Labor & Employment Law
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6405 articles on ELINFONET
Benefits - General
Employers that sponsor group health plans (medical, dental, vision, HFSA) are used to negotiating detailed administrative services agreements with vendors that provide services to those plans. Many also are familiar with “business associate agreements” required under HIPAA that must be in place with
California - General
With the California Consumer Privacy Act (CCPA) effective for nearly one month, businesses continue to grapple with the many components of this new privacy framework. A key component of the CCPA is granting consumers the right to request information about and to exercise some control over their pers
Immigration - General
The Trump Administration’s new Public Charge Rule can go into effect (for now, at least).
Retaliation (Title VII)
Despite the heightened attention to avoiding and addressing sexual harassment claims in the wake of the #MeToo movement, retaliation remains the most-frequently filed employment law claim according to the Equal Employment Opportunity Commission’s FY 2019 Enforcement and Litigation Data. The agency r
California - General
The California Court of Appeal, in its recent decision in Schmidt, et al. v. Superior Court, County of Ventura 2020 Cal. App. LEXIS 54 (January 22, 2020), affirmed the trial court’s ruling in favor of the employer, the Ventura County Superior Court.
Affirmative Action - General
While it feels like we just finished the EEO-1 reporting season, the time is here again to start preparing for filing of the “traditional” annual EEO-1 survey. As it has for years, EEOC will again this year look to collect race and gender data from eligible employers. Component 1 of the EEO-1 (not t
New Jersey - General
New Jersey has enacted a series of laws designed to penalize companies that misclassify individuals as independent contractors.
HR - General
2020 may very well be the most impactful year for data privacy and cybersecurity in the United States. In honor of Data Privacy Day, we discuss some of the reasons why that may be the case. In short, as privacy and cybersecurity risks continue to emerge for organizations large and small, the law is
OSHA - General
News of an outbreak of a new coronavirus first identified in Wuhan, Hubei Province, China raises issues for employers and employees about the appropriate workplace responses.
OSHA - General
The outbreak of a new coronavirus that is believed to have began in central Chinese city of Wuhan and now appears to be spreading to the United States is driving concerns for organizations around preparedness regarding their operations, their customers, and their employees. Both the Center for Disea
Restrictive Covenants
The use of non-competition agreements between employers and employees has raised concerns at the Federal Trade Commission (FTC). On January 9, 2020, the agency held a program “to examine whether there is a sufficient legal basis and empirical economic support to promulgate a Commission Rule that wou
California - Cal/OSHA
As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Sta
HR - Arbitration Issues
The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate when a plaintiff asks the Court to authorize notice to putative class members who have entered into arbitration agreements with their employer.
Immigration - General
The Trump Administration is turning its attention to birth tourism again. President Trump was reportedly considering trying to end the practice with an executive order or by way of a constitutional challenge. But accomplishing the goal through regulation has been on the Department of State’s (DOS) a
Ohio
The Ohio Eighth District Court of Appeals reversed enforcement of an employment arbitration agreement on January 23, 2020, holding that the agreement was both substantively and procedurally unconscionable because it required the parties to submit to arbitration all claims arising among them, even th
Massachusetts - General
Over the past few years, legislators and government agencies at both the state and federal levels have pushed reforms limiting the use of non-competes and other restrictive covenants by U.S. businesses. Some of those efforts have extended to covenants that restrict a party’s ability to solicit and/o
HR - General
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2020. The Federal Motor Carrier Safety Administration has raised its random drug testing rate to 50% for 2020. All other random testing rates remain unchanged from 2019.
Immigration - Visas
USCIS has announced that Iranians in the U.S. will not be eligible for extensions of E-1 or E-2 visa status or changes to that status from another visa classification. The announcement comes more than a year after the U.S. Department of State notified Iran on October 3, 2018, of the termination of t
Massachusetts - General
Restrictive covenant matters rarely make it through the appellate courts. This is true for a number of reasons, including the fact that the time-sensitive nature of restrictive covenant litigation often compels parties to achieve a resolution before their case can work its way through the court syst
New Jersey - General
On January 14, 2020, the latest session of the New Jersey legislature ended and, with it, so did Senate Bill (SB) 4204. The bill, which in many respects mirrored California’s recently-enacted Assembly Bill (AB) 5, sought to codify the “ABC test” as the proper method for determining whether an indivi