Tuesday, July 7, 2026Labor & Employment Law
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Restrictive Covenants
In states that permit the enforcement of non-compete and other restrictive covenant agreements against former employees, companies must still demonstrate that the restrictions are designed to protect a legitimate business interest, and not to simply avoid ordinary competition.
Labor Law - Coverage
In Hy-Brand Industrial Contractors Ltd., 365 No. 156 (Dec. 14, 2017), the National Labor Relations Board overturned its standard for determining joint employer status under the National Labor Relations Act established in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015
Labor Law - General
John Ring, a management-side labor and employment attorney, reportedly is undergoing background checks to become President Donald Trump’s nominee to fill the seat on the National Labor Relations Board that Chairman Philip Miscimarra vacated on December 16. Whether Ring will be the Administration’s n
Title VII - EEO-1
Just when it appeared settled that EEO-1 Pay Data reporting was no longer on the table, advocacy groups have filed a lawsuit to reinstate the rule.
Labor Law - General
Much of the employer community may be giddy as a result of the December 14 and 15 National Labor Relations Board decisions issued in the twilight of Chairman Philip Miscimarra’s term. Taking final advantage of a 3-to-2 Republican majority, the Board issued employer-friendly decisions overturning Oba
Labor Law - Bargaining Units
The National Labor Relations Board General Counsel’s Division of Operations Management has issued a sweeping Memorandum to Regional Offices setting forth a variety of circumstances under which those offices should process “currently active [representation] cases” applying the NLRB’s recent decision
Benefits - General
In IRS Notice 2018-06, the IRS announced a 30-day automatic extension for the furnishing of 2017 IRS Forms 1095-B (Health Coverage) and 1095-C (Employer-Provided Health Insurance Offer and Coverage), from January 31, 2018 to March 2, 2018.
FLSA - Employees Covered
Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held. Benjamin v. B&H Education, 2017 U.S. App. LEXIS 25672 (9th Cir. Dec. 19, 2017). In so concluding,
New York - Wage & Hour
While the federal minimum wage for non-exempt employees has remained unchanged at $7.25 per hour since 2009, and the federal salary level for exempt employees has been stymied in litigation and rulemaking since 2014, New York State has forged ahead on the wage and hour front for 2018. The state has
New York - General
he New York City Council has passed a bill to protect employees in the City who seek temporary changes to their work schedules for a “personal event.” The bill also protects employees from employer retaliation for making certain other schedule change requests.
Lawyering - Discovery
In IDC Financial Publishing Inc. v. BondDesk Group LLC, et al., Case No. 15-cv-1085 (PP), 2017 U.S. Dist. LEXIS 177626 (Oct. 26, 2017), a case involving allegations of copyright infringement, the District Court for the Eastern District of Wisconsin granted the Plaintiff’s motion to compel the produc
Class Actions - General
Earlier this month, the U.S. Supreme Court granted certiorari to China Agritech, Inc., a fertilizer manufacturer, from the Ninth Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). In reviewing Resh, the Court will consider whether its American Pipe and Construction Co.
California - General
With the turn of the year comes a wave of new California disability and leave laws. Employers should review their existing policies and procedures to determine if they will be compliance with these new laws—many of which will go into effect on January 1:
New York - General
The New York City Council has passed a bill requiring entities covered by the New York City Human Rights Law (HRL) to engage in cooperative dialogue with individuals who may be entitled to reasonable accommodations under the Law. Passed on December 19, 2017, Int. 804-A applies to employers, provider
Immigration - Visas
The Trump Administration’s Unified Agenda of Federal Regulatory and Deregulatory Actions for the DHS contains close to 60 items.
HR - Whistleblowing
The Securities and Exchange Commission recently announced the appointment of William D. Duhnke III as Chairman and J. Robert Brown, Kathleen M. Hamm, James G. Kaiser, and Duane M. DesParte as board members of the Public Company Accounting Oversight Board (PCAOB). The Sarbanes-Oxley Act of 2002 estab
FLSA - Employees Covered
Several former interns of the Hearst Corporation, one of the world’s largest magazine publishers, were just that: unpaid interns, not employees entitled to minimum wage or overtime under the FLSA, the Second Circuit has held. Wang v. Hearst Corp., 2017 U.S. App. LEXIS 24789 (2nd Cir. Dec. 8, 2017).
OSHA - Record Keeping
It may be back to the drawing board for OSHA. OSHA had previously announced its intention to make changes to its 2016 Improve Tracking of Workplace Injuries and Illnesses regulation, but the recent Unified Agenda of Regulatory and Deregulatory Actions released December 14, 2017 provides some specifi
Washington State - General
Washington has joined the growing list of jurisdictions requiring employers to provide paid sick leave to employees. All Washington employers, regardless of size, must provide their employees paid sick and safe leave (“PSSL”) starting January 1, 2018.
FLSA - Taxes
Last February, the IRS issued a warning to all employers regarding the resurgence of a W-2 based cyber scam. The scam, which targets businesses during tax season, was also “spreading to other sectors, including school districts, tribal organizations and nonprofits.”