Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
Benefits - Fiduciary
On October 27, the DOL published guidance on the new prohibited transaction exemptions (“PTEs”) issued under the DOL’s rule redefining “fiduciary” in the context of providing investment advice (See “Guidance,” here).
HR - General
President-elect Donald Trump will assume office on January 20, 2017, with a Republican majority in both the Senate and the House of Representatives. While it is difficult to predict whether the new administration will be able to deliver on President-elect Trump’s campaign promises, we can expect sig
California - General
California voters have decided on a number of important Propositions yesterday. Of the Propositions receiving majority support, California employers may particularly wonder about the potential impacts of Proposition 64, which will legalize the recreational use of marijuana.
Arizona
On Election Day, voters in Arizona and Washington approved measures requiring employers in their respective states to provide paid sick leave and requiring employers to raise the minimum wage. They join the PSL states of California, Connecticut, Massachusetts, Oregon, and Vermont and an ever growing
HR - Drugs & Alcohol
Election Day 2016 saw voters approve new marijuana laws in seven states. There are now a total of 28 states (plus the District of Columbia) with medical marijuana laws and 8 states (plus the District of Columbia) with recreational marijuana laws. Arizona’s proposed recreational marijuana law did not
Sex Discrimination - Orientation And Identity
The prohibition against sex discrimination under Title VII of the Civil Rights Act extends to sexual orientation, Judge Cathy Bissoon of the Western District of Pennsylvania has ruled. EEOC v. Scott Medical Health Ctr., No. 16-225 (W.D. Pa. Nov. 4, 2016).
HR - Genetic Discrimination (GINA)
Although the EEOC rarely files suit seeking to redress violations of the Genetic Information Nondiscrimination Act of 2008 (“GINA”), on October 31, 2016, the United States District Court for the Eastern District of New York entered a three year consent decree against a New York home health agency in
OSHA - Mining
Static electricity during vacuum operations can result in accidents such as shock hazards, explosions, and secondary injuries from falls due to shock, the Mine Safety and Health Administration has warned in a safety alert for vacuum trucks.
ADA - Drug & Alcohol
An employer that terminated an employee based on its honest belief the employee violated its drug policy was entitled to summary judgment on the employee’s Americans with Disabilities Act claim, according to a Kentucky federal court. The court also granted summary judgment to the employer on the emp
Labor Law - General
The election of Donald Trump as the 45th President of the United States carries with it the possibility of major changes in the field of labor law. The most significant changes likely will come at the National Labor Relations Board.
Restrictive Covenants
Criticizing non-solicitation of employees — or “no-poaching” — agreements as an alleged factor in holding back wage growth, the U.S. Department of Justice and the Federal Trade Commission have issued antitrust guidance on human resources issues. This is consistent with and continues the White House’
Lawyering - Discovery
In a recent decision from the Western District of North Carolina, the Court discussed the importance of preserving text messages from accidental destruction due to a loss of a party’s cell phone.
OSHA - General
In its first comprehensive changes in 30 years, the Occupational Safety and Health Administration has updated its Guidelines for Safety and Health Programs to reflect “changes in the economy, workplaces, and evolving safety and health issues.”
FMLA - General
What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the second in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Labor Law - Union Organizing
With a few keystrokes, www.UnionizeMe.org is connecting like-minded employees of the same retail employers in a given area who are interested in forming a union. For an employee, the entire process may take no more than five minutes.
New York - General
Taking aim at the growing threat posed by cyber-attacks to the financial services industry, the New York State Department of Financial Services (“DFS”) has proposed a first-of-its kind, far-reaching, rigorous cybersecurity framework that could become the national standard.
FMLA - General
On October 31, 2016, the Fourth Circuit Court of Appeals issued a decision that confirmed an employer’s right to take adverse employment action against an employee who fraudulently uses FMLA leave. In Sharif v. United Airlines, Inc., Case No. 15-1747 (4th Cir., Oct. 31, 2016), the Court upheld Unite
California - General
An amendment to California law expands state prohibitions against “unfair immigration-related practices” related to the hiring of foreign nationals. SB-1001 goes into effective on January 1, 2017.
New York - Wage & Hour
The New York City Council continues its pro-worker efforts. The latest include proposed legislation (i) providing protections against non-payment of wages for freelance workers and (ii) expanding the list of permitted reasons for using statutory sick time to include reasons related to victims of dom
FMLA - General
The U.S. Department of Labor (DOL) is looking to collect data from employers and employees regarding their respective “need for” and “experience with” the Family and Medical Leave Act (FMLA). The data collection period is expected to occur in 2017 and 2018. From employees, the survey will seek infor