Tuesday, July 7, 2026Labor & Employment Law
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FLSA - Overtime Exemptions
Mortgage underwriters do not qualify for the Fair Labor Standards Act’s administrative exemption because they are more appropriately characterized as “production” employees, according to the U.S. Court of Appeals for the Ninth Circuit. McKeen-Chaplin v. Provident Savings Bank, 2017 U.S. App. LEXIS 1
FMLA - General
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the ninth in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Labor Law - NLRB
President Donald Trump has nominated management labor attorney William Emanuel to fill one of the two vacant seats on the five-member National Labor Relations Board.
Vermont
The law prohibits an employer from requesting “criminal history record information,” including arrests, convictions, or sentences, on the initial employment application form, unless the individual is applying for a position for which state or federal law creates a mandatory or presumptive disqualifi
OSHA - Mining
The Mine Safety and Health Administration has issued a serious accident alert on handling dangerous chemicals, recommending best practices.
OSHA - General
New questions are emerging about key provisions the Occupational Safety and Health Administration’s updated rule to prevent falls.
HR - Retail Industry
Curbing a litigation tactic used by class action plaintiffs, U.S. Supreme Court has ruled that such plaintiffs may not voluntarily dismiss their claims upon receiving an adverse class certification decision and subsequently invoke 28 U.S.C. § 1291, the general rule that appeals can be taken only fro
Minnesota - Human Rights Act
A Michigan appellate court denied an attempt by an employee to receive a severance jackpot based on a drafting mistake made by his former employer. Notwithstanding the employee’s entitlement, based on the terms of his separation agreement, to receive approximately $81 thousand dollars per week for 3
California - General
Both California and the City of Los Angeles have enacted regulations effective July 1, 2017 governing employer use of applicant and employee criminal history in making employment decisions. Below we summarize these upcoming changes as well as the City of San Francisco’s ordinance already in effect.
California - General
California’s Department of Fair Employment and Housing (DFEH) has approved new regulations to protect transgender individuals, effective July 1, 2017.
Nevada - General
Over the last year, Nevada’s non-compete law has undergone a number of changes. The latest is a new law setting forth a new standard by which non-compete agreements are to be evaluated.
Nevada - General
Once again, Nevada has re-written the landscape the law regarding enforcement of post-employment non-competition agreements. Please see the article posted on our website, written by Elayna J. Youchah and Joshua A. Sliker of our Las Vegas office. They analyze Assembly Bill 276, amending Chapter 613 o
HR - General
Protecting data in the healthcare industry continues to be an area of focus for regulators and lawmakers. HIPAA Journal noted that in 2016 more HIPAA covered entities reported breaches than in any other year since the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights starte
Immigration - General
Amid criticism of outsourcing firms, at least one large Indian outsourcing company is planning to hire 10,000 U.S. workers over the next two years. Infosys CEO Vishal Sikka announced the company will open four technology and innovation hubs in the U.S. “focusing on cutting-edge technology areas, inc
Benefits - Fiduciary
As a follow up to Heather Panick’s article below, please see my recent article in Bloomberg BNA Pension and Benefits Daily – Thorne Article
Benefits - Fiduciary
On June 5, 2017, in Pioneer Centres Holding Co. Employee Stock Ownership Plan & Trust v. Alerus Fin., N.A., Case No. 15-1227, the U.S. Court of Appeals for the Tenth Circuit held that the plaintiff bears the burden on each element of its breach of fiduciary duty claim under ERISA.
OSHA - General
The Advisory Committee on Construction Safety and Health (ACCSH) of the Occupational Safety and Health Administration met on June 20, 2017, to learn about and give recommendations on OSHA’s proposed rule to extend the enforcement date for crane operator certification requirements of the revised Cran
Affirmative Action - OFCCP
The U.S. Department of Labor announced today that it will reinstate the Department’s long-standing practice of issuing opinion letters to employers and employees regarding application of the Fair Labor Standards Act.
Florida - General
Last November, Florida voters overwhelmingly voted to amend the Florida Constitution to permit the use of medical marijuana. The constitutional amendment went into effect on January 3, 2017, and required regulations to be implemented no later than July 3, 2017. On June 9, 2017, the Florida Senate pa
FMLA - Medical Certifications
The FMLA and CFRA both permit an employer to require an employee requesting a leave of absence to provide a medical certification, but these laws differ with respect to the information and employer can request about the reasons for an employee’s requested leave.