Monday, July 6, 2026Labor & Employment Law
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Immigration - General
The U.S. Citizenship and Immigration Services has published the long-anticipated final rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers.” The rule will take effect on January 17, 2017, before President Barack Obama leaves
California - Wage & Hour
All California employers should know by now that if they have a paid vacation policy, the vacation benefits constitute a form of “wages” under California law. (See Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103; Suastez v. Plastic Dress-Up Co. (1982) 31 Cal.3d 774, 784.) Calif
New York - Wage & Hour
A written contract, payment within 30 days, and statutory damages for non-payment of wages are among the provisions of New York City’s new freelancer protection law signed by Mayor Bill de Blasio on November 16, 2016. The law will become effective on May 15, 2017 (180 calendar days after signing), a
Puerto Rico
A litigation trap that can ensnare unwary employers who may be sued in the Commonwealth of Puerto Rico is a piece of employment legislation that allows expedited proceedings: Law No. 2 of October 17, 1961 (“Law No. 2”), as amended, known as the “Law for the Summary Proceeding of Employment Claims.”
Missouri - General
The United States District Court for the Eastern District of Missouri, in Durrell v. Tech Electronics, Inc., 4:16-CV-01367 (E.D. Mo. Nov. 15, 2016), held that an at-will employee’s non-compete agreement may not be enforceable where the only form of consideration is the employee’s at-will employment
Federal Gov't - EEOC
The Equal Employment Opportunity Commission’s Fiscal Year 2016 Performance and Accountability Report (“PAR”) shows a slight decrease in the amount of monetary recoveries by the EEOC in litigation and other enforcement activities compared to 2015, as well as its struggles with the data available to i
ADA - Reasonable Accommodation
In a case addressing a challenging accommodation scenario faced by many employers, a Florida District Court held in Hargett v. Florida Atlantic University Board of Trustees that an employee seeking a less stressful environment and an end to hostile confrontations with her manager was not seeking a r
Labor Law - Weingarten Rights
A federal appeals court upheld November 16, 2016 the decision of the National Labor Relations Board (NLRB) that an employer violated Section 8(a)(1) of the National Labor Relations Act by denying an employee the right to the physical presence of a union representative before consenting to take a dru
Benefits - General
In IRS Notice 2016-70, the IRS announced a 30-day automatic extension for the furnishing of 2016 IRS Forms 1095-B (Health Coverage) and 1095-C (Employer-Provided Health Insurance Offer and Coverage), from January 31, 2017 to March 2, 2017. This extension was made in response to requests by employers
FLSA - Overtime Exemptions
For more than three hours on November 16, 2016, Obama-appointed Judge Amos L. Mazzant, III, of the U.S. District Court for the Eastern District of Texas – Sherman Division, heard oral argument on the preliminary injunction to block enforcement of the Final Rule. The court peppered both sides with pr
ADA - Direct Threat
The EEOC entered into a Consent Decree on November 15, 2016, settling a case alleging violations of the Americans with Disabilities Act for $1.6 million. The EEOC claimed that the employer took adverse actions against applicants and employees with actual or perceived disabilities on the basis that t
OSHA - Mining
The Mine Safety and Health Administration has issued an electrical safety alert after several miners were injured in underground coalmine accidents.
Labor Law - Union Organizing
The U.S. District Court for the Northern District of Texas, Lubbock Division, has converted its nationwide preliminary injunction, issued on June 27, 2016, against the U.S. Department of Labor’s “persuader” rule into a nationwide permanent injunction. National Federation of Independent Business, et
OSHA - Record Keeping
The White House is reviewing a proposed worker safety rule from the Occupational Safety and Health Administration that aims to expand the requirement on how long employers must maintain accurate records of worker injuries and illnesses.
Immigration - Employment Eligibility
The United States Citizenship and Immigration Services (USCIS) has published the long awaited new Form I-9, Employment Eligibility Verification. The prior form expired on March 31, 2016. The Immigration and Nationality Act requires that employers complete a Form I-9 for all new hires after November
California - General
It is common practice for employers to utilize forum selection and choice of law provisions in employment agreements in order to require employees to have employment-related disputes adjudicated outside of California and/or under the law of a state other than California.
California - Fair Employment And Housing Act
On October 7, 2016, Dependable Highway Express filed a petition asking the California Supreme Court to review a decision to allow a non-disabled employee to pursue his claim of association based disability discrimination. The employee alleged that he was terminated from employment after he made comp
Benefits - General
It has been reported that infamous bank robber, Slick Willie Sutton, once said, “I rob banks because that’s where the money is.” Data thieves, understandably, have a similar strategy – go where the data is.
Benefits - General
Last week I made a presentation in the Omaha office of Jackson Lewis with the above title. I thought it might be helpful to outline the basic points of my presentation.
FLSA - Overtime Exemptions
The U.S. Department of Labor regulations raising the required salary level for the white collar exemptions (executive, administrative, and professional) under the Fair Labor Standards Act are scheduled to become effective December 1, 2016.