Tuesday, July 7, 2026Labor & Employment Law
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6402 articles on ELINFONET
Benefits - General
This week, the Internal Revenue Service (IRS) issued FAQ guidance regarding the employer tax credit for paid family and medical leave. As a reminder, the Tax Cuts and Jobs Act of 2017 (the Act) provides a tax credit to employers that voluntarily offer paid family and/or medical leave to employees. T
HR - Privacy & Surveillance
On April 17th, the U.S. Supreme Court dismissed the highly anticipated U.S. v. Microsoft, ruling that recently enacted legislation rendered the case moot. Microsoft Corp. had been in litigation with the U.S. Department of Justice (DOJ) for several years over the issue of whether Microsoft must compl
Class Actions - Wage & Hour
It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do anything beyond filing a written consent to become a party plaintiff in a colle
Title VII - EEO-1
Without much fanfare, the U.S. Equal Employment Opportunity Commission’s EEO-1 Joint Reporting Committee has extended the deadline for filing of this year’s EEO-1 Survey until June 1, 2018.
Sex Discrimination - Equal Pay
On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in Rizo v. Yovino, holding that employers cannot consider an employee’s prior salary either alone or in combination with other factors to justify salary differentials between men and women for the purposes of the federal Equal P
Massachusetts - General
A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history during the hiring process. The new restrictions include an adjusted limitation o
Massachusetts - General
Ever since Massachusetts Governor Charlie Baker signed the state Equal Pay Act (MEPA) on August 1, 2016, employers have been seeking direction on how employee pay should be analyzed to withstand scrutiny under the new law. MEPA goes into effect on July 1, 2018.
California - General
A decision out of the Northern District of California serves as a reminder that service industries need to carefully balance their commitment to client care with wage and hour obligations. A case manager at a large medical facility filed a class action claim under the California Private Attorneys Ge
Verdicts & Settlements
A long-time New Jersey police department employee applies for a promotion to captain. On the promotional exam, he scores higher than any other applicant. He isn’t promoted. His consolation prize, however, is a jury verdict of more than $1.2 million in state court last month.
Immigration - General
The Immigration and Nationality Act provides that any alien convicted of an “aggravated felony” after entering the United States is subject to deportation. The Supreme Court has decided, 5-4, that the statute’s defining an aggravated felony as “a crime of violence” is unconstitutionally vague. Sessi
FMLA - General
A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc. (“Advance”). The plaintiff was discharged after she could not return to work wit
New York - General
New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee.
Massachusetts - General
Health insurance carriers often provide explanation of benefits (EOB) summaries to the policyholder specifying the type and cost of health care services received by dependents covered by the policy. EOBs often disclose sensitive information regarding the mental or physical health condition of adult
OSHA - General
During the April 12th U.S. Senate Committee on Appropriation’s Subcommittee Hearing to review the FY2019 Department of Labor Budget Request, Labor Secretary Alexander Acosta was questioned on OSHA’s injury and illness record-keeping regulation passed under Obama’s administration, Improve Tracking of
HR - General
The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of Browning-Ferris Industries, 362 NLRB No. 186 (2015), the NLRB decision that made it e
Benefits - General
It is well-established under the Employee Retirement Income Security Act of 1974 (“ERISA”) that when an employee benefit plan grants the plan administrator discretion to decide questions of eligibility for benefits or to construe plan terms, judicial review of the plan administrator’s denial of bene
California - General
In Saheli v. White Memorial Medical Center (B283217, Cal. Ct. App., March 14, 2018), the Court of Appeal for the Second Appellate District addressed for the first time whether restrictions on arbitration agreements contained in the Ralph Act and Bane Act are preempted under the Federal Arbitration A
New York - General
As part of the FY 2019 NY State Budget, lawmakers recently enacted a program to potentially circumvent the recent Federal Tax Law change that imposes a $10,000 cap on the State and Local Tax Deduction (SALT) for individuals who itemize their deductions. The potential workaround, called the Employer
Oregon - General
Oregon Governor Kate Brown signed a bill last month toughening the state’s already stringent data breach notification law, which will take effect on June 2, 2018. The most significant change for companies to be aware of is the requirement that affected consumers be notified no later than 45 days fol
OSHA - General
Scott Mugno’s confirmation to head OSHA appears to be one of three key Department of Labor nominees caught up in political arm wrestling. Republicans are blaming Democrats for delaying the process by drawing out debates to the full 30 hours permitted by the Senate Rules. Senate Majority Leader Mitch