Wednesday, July 8, 2026Labor & Employment Law
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6402 articles on ELINFONET
Class Actions - General
Finding that the case involved “actions perpetuated by one individual against another individual in an isolated environment, not conduct in a common environment directed against several women at once,” Chief Judge Leonard Strand decertified a class of female truck drivers that alleged they were subj
Labor Law - Protected Concerted Activity
The National Labor Relations Board (NLRB) has narrowed the circumstances under which a complaint made by an individual employee is considered concerted activity under Section 7 of the National Labor Relations Act (NLRA). Alstate Maintenance, LLC, 367 NLRB No. 68 (Jan. 11, 2019).
HR - Health Care Industry
Title IV of the Health Care Quality Improvement Act of 1986 (HCQIA), created the National Practitioner Data Bank (NPDB). The NPDB is a national clearinghouse and repository of information on medical malpractice payments and adverse actions taken against licensed healthcare providers. Hospitals and h
California - General
Data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure personal data, individuals are being given an increasing array of rights concerning the collection, use, disclosure, sale, and processing
Massachusetts - General
The Massachusetts Department of Family and Medical Leave has released draft regulations for the Massachusetts Paid Family and Medical Leave Act (G.L. c. 175M). The proposed regulations, released on January 23, 2019, track many of the statute’s requirements. In addition to the draft regulations, the
California - General
Happy Data Privacy Day from the Jackson Lewis Privacy, Data and Cybersecurity Team!
California - Family Leave
School children are back at school following winter break, and that may mean employee requests for time off for parent-teacher conferences, school assemblies, and more. While less known, California law has a collection of statutes affording parents protected time off. One of those protections is Cal
California - General
In 2018, the California Supreme Court issued an opinion (Dynamex Operations West, Inc. v. Superior Court of Los Angeles County) establishing a new standard (“ABC test”) for determining whether an individual is an independent contractor or employee in the context of claims brought under the State’s I
Labor Law - Coverage
The National Labor Relations Board has overruled FedEx Home Delivery, 361 NLRB 610 (2014). In that case, the Obama-Board decided that, in determining whether an individual is an independent contractor or an employee, “entrepreneurial opportunity represents merely ‘one aspect of a relevant factor tha
Illinois - General
Earlier today, the Illinois Supreme Court handed down a significant decision concerning the ability of individuals to bring suit under the Illinois Biometric Information Privacy Act (BIPA). In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights un
FLSA - General
The law regulating the payment of wages and work hours is a vibrant area: the “fight for $15.00”; battles over who can receive tips (and whether the tip credit should be eliminated entirely); whether workers should be given additional pay when employers cancel shifts and fail to provide “predictive
Immigration - General
President Donald Trump has announced that the government shutdown is over, for now. He has agreed to sign a short-term spending bill that will re-open the government for three weeks, until February 14, 2019. The bill does not include any wall funding.
Affirmative Action - General
As part of OFCCP’s continuing efforts at transparency, the Agency in late-November 2018 issued a Directive stating it would develop “a dynamic and searchable publically available source of Help Desk questions and answers to assist contractors.” Moreover, the Directive announced OFCCP would issue Opi
Colorado - General
On January 17, 2019, Colorado Senate Democrats introduced the “Equal Pay for Equal Work Act” (SB 19-085) to prohibit a wage differential based on an employee’s sex. The bill also contains a salary history ban and pay transparency requirements. If passed, this would be among the most aggressive equal
HR - General
Signaling a renewed emphasis on workforce protections at the opening of the 116th Congress, the U.S. House of Representatives has changed the name of its committee with jurisdiction over labor matters back to the Committee on Education and Labor. It was called the Committee on Education and the Work
Benefits - Executive Compensation
The IRS has released a technical interim guidance on Section 4960, which was added to the Internal Revenue Code of 1986, as amended, as part of the Tax Cuts and Jobs Act. Very generally, Section 4960 imposes an excise tax in an amount equal to the corporate tax rate (currently, 21 percent) on that p
OSHA - General
Today OSHA published the final rule revising the Improve Tracking of Workplace Injuries and Illnesses regulation promulgated under the Obama administration. The final rule aligns with the proposed rule and rescinds the requirements for establishments with 250 or more employees to electronically file
ADA - General
As of midnight December 21, 2018, 380,000 federal employees were placed on furlough. An additional 420,000 are considered “excepted” and have continued working without pay. Federal employers and employees should be aware of how the government shutdown impacts both paid time off requests as well as a
Sex Discrimination - Title IX
Dr. Bernice Sandler, a prominent activist for gender equality, passed away on January 5, 2019, at the age of 90. Dr. Sandler is well known for her efforts to increase gender equality in education. She was also a vital figure in the development and implementation of Title IX of the Education Amendmen
OSHA - Violations
Despite no federal funding, it appears that the Office of Federal Register is operational. Today, the Federal Register published the Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019. This final rule increases civil penalties the Department of Labor assesses including thos