Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
OSHA - Employee Coverage
Congressional leaders again have pressed the Department of Labor for information on the Occupational Safety and Health Administration’s potential guidance to OSHA investigators on determining if there is a joint-employer relationship between companies.
ADA - General
In case you missed it, on December 4, 2016, the popular news program 60 Minutes aired a story on the alarming growing number of ADA drive-by lawsuits filed against businesses. A transcript of the story is provided here. Title III of the ADA requires places of public accommodation, such as restaurant
FLSA - Overtime Exemptions
On December 2, one day after filing its appeal of the preliminary injunction blocking its new salary basis regulations, the DOL filed a request for expedited briefing and oral argument in the appeal. The DOL has requested that the Fifth Circuit Court of Appeals set an expedited schedule whereby brie
New York - General
New York State has adopted new law that establishes the advanced home health aide (AHHA) job designation. The AHHA program was first recommended in 2011. Governor Andrew Cuomo signed S. 8110/A.10707 into law on November 28, 2016.
FLSA - Overtime Exemptions
On December 1, 2016, the Department of Labor appealed the district court’s preliminary injunction ruling. It is expected that the DOL will request the Fifth Circuit to rule on the appeal quickly, but the Fifth Circuit may not grant this request, and the appeal may not be resolved prior to January 20
California - Labor Law
In recent years, there has been an uptick in union organizing focusing on California charter schools. Traditionally, education related labor groups focused on organizing large public school districts, but with over 1,200 charter schools in California, groups like the California Teachers Association
HR - General
A recent study at the University of Arkansas suggests that organizations should avoid doing too much for individuals affected by a data breach. That is, when organizations provide compensation to breach victims that exceeds the victims’ expectations it could backfire. Those victims may become suspic
OSHA - General
On November 17, 2016, OSHA issued a final rule revising and updating its general industry Walking-Working Surfaces standards specific to slip, trip, and fall hazards. The final rule includes revised and new provisions addressing fixed ladders, rope descent systems, and fall protection systems. The r
Immigration - General
Any employer anticipating submission of an immigration application or petition should consider filing prior to December 23, 2016, to avoid higher USCIS filing fees.
OSHA - Mining
Fiscal year 2016 saw a record low number of mining deaths, the Mine Safety and Health Administration has reported. The agency also continues to encourage the mining community “to reach zero mining deaths.”
OSHA - General
The next version of Occupational Safety and Health Administration’s annual voluntary guidance cataloging measures for improving safety and health in the workplace may include insights from the public. For the first time ever, OSHA wants assistance from the public to identify the “leading indicators.
California - Fair Employment And Housing Act
What is a disability? And when are employers on notice to provide employees leave? These were some of the questions raised in the California Court of Appeals (Second Appellate District) November 15, 2016 decision, Soria v. Univision Radio Los Angeles, Inc.
Pennsylvania - Wage & Hour
Employers in Pennsylvania will be able to pay employee wages using payroll debit cards under an amendment to the banking code signed by Governor Tom Wolf on November 4, 2016. The new legislation goes into effect 180 days following the signing, on May 4, 2017.
HR - General
Earlier this month, the Federal Trade Commission (FTC) blogged about How to defend against ransomware, and published Ransomware – A Closer Look in the “Tips and Advice” section of its website. This follows warnings from other federal agencies and law enforcement concerning this serious online threat
HR - USERRA
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) does not prohibit compelling a former employee to arbitrate his USERRA claims under an arbitration agreement, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Ziober v. BLB Resources, Inc., No
HR - Arbitration Issues
Three cases making their way through the courts demonstrate that the question of arbitration clauses in long-term care (LTC) facility admission agreements is an active and developing area of the law.
Lawyering - Discovery
Senior United States District Judge Terrence McVerry granted a party’s motion to compel the opposing party to meet and confer regarding search terms to apply to electronically stored information.
FLSA - Overtime Exemptions
When two lawsuits were filed in Texas seeking to block the Department of Labor’s new overtime rule, which more than doubles the required salary level to qualify for the Fair Labor Standards Act “white collar” exemptions, few predicted the lawsuits would be successful. But the polls were wrong (again
FLSA - Federal Minimum Wage
Fight for $15, the four-year-old movement to secure a minimum wage of $15 an hour, has announced plans for demonstrations, strikes, and protests in 340 cities across the country on November 29. Tens of thousands of employees are expected to participate. The current federal minimum wage is $7.25 an h
Labor Law - General
James P. Hoffa has received a majority of valid votes cast in the election for General President of the Teamsters Union, according to ibtvote.org, the official website for the Office of the Election Supervisor for the International Brotherhood of Teamsters. The counting of ballots was completed on N