Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
HR - Retail Industry
Despite a lawsuit to block the regulations, retailer employers must prepare for the Department of Labor’s updated regulations under the Fair Labor Standards Act governing overtime exemptions for executive, administrative, and professional employees, commonly known as the “white collar exemptions” or
FMLA - Intermittent Leave
It is well established that the FMLA does not require an employer to reduce its performance expectations for an employee who is taking leave intermittently or on a reduced schedule. Additionally, during the time the employee is at work, the employee must be capable of continuing to perform the essen
Affirmative Action - General
In a much anticipated, last minute ruling, a U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe Workplaces Final Rule and Guidance (“Fina
Affirmative Action - General
A U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe Workplaces Final Rule and Guidance (“Final Rule”), which were set to take effect on
FMLA - Fitness For Duty
An employee’s return to work following an extended FMLA leave for a serious health condition of the employee often creates concerns on the part of the employer. In these situations, employers frequently question whether the employee is really able to perform the essential functions of the job and wh
California - Wage & Hour
On September 30, 2016, California Governor Jerry Brown signed into law two bills designed to address ongoing concern of pay inequity. A.B. 1676 amends the California Fair Pay Act by prohibiting employers from relying on an employee’s prior salary to justify a disparity between the salaries of simila
OSHA - General
On October 19, 2016, OSHA published a memorandum interpreting the new anti-retaliation provisions in Section 1904.35 as part of the new final rule – “Improve Tracking of Workplace of Injuries and Illnesses.” In conjunction with the memorandum, OSHA also provided example scenarios of incentive, disci
Kentucky
Local governments in Kentucky lack the authority to establish their own minimum wage rates, the Kentucky Supreme Court has ruled 6-1. Kentucky Restaurant Ass’n, et al. v. Louisville/Jefferson Cty. Metro Gov’t, 2015-SC-000371-TG (Oct. 20, 2016).
FLSA - Overtime, General
With the Department of Labor’s recent changes to the salary threshold for white-collar exemptions set to take effect on December 1, 2016, many employers are struggling to find the best option for how to comply with the new regulations without breaking the bank. One lesser-known alternative that is r
OSHA - Mining
The Mine Safety and Health Administration has issued a safety alert urging miners to buckle their seat belts while operating mobile equipment.
OSHA - Whistleblower Protections
The Occupational Safety and Health Administration has issued new guidance designed to protect the rights of whistleblowers who reach settlements approved by OSHA.
Affirmative Action - General
Several large construction and security industry groups have filed a lawsuit in the U.S. District Court for the Eastern District of Texas to block the heavily criticized Fair Pay and Safe Workplaces Executive Order 13673 and related rules. The court has scheduled a temporary restraining order (TRO)
California - General
On September 27, 2016, Governor Jerry Brown signed Assembly Bill 1843, which prohibits certain inquiries into the criminal past of applicants for employment. The new law now adds a prohibition against asking about, considering as part of the hiring process, or attempting to discover, information rel
Affirmative Action - General
We have learned that Patricia Shiu will end her tenure as OFCCP Director in just a few weeks, on November 6th. Director Shiu assumed the position in mid-2009 and has been one of the longest-serving directors of the agency.
OSHA - Retaliation
In response to a request from a federal judge, OSHA has agreed to extend the effective date of the anti-retaliation provisions in it’s new final rule, Improve Tracking of Workplace Injuries and Illnesses until December 1, 2016.
OSHA - Record Keeping
In 2012, the U.S. Court of Appeals for the District of Columbia held that OSHA could not issue citations for failing to record an injury or illness beyond the six-month statute of limitations set out in the statute. AKM LLC d/b/a Volks Constructors v. Sec’y of Labor, 675 F.3d 752 (D.C. Cir. 2012).
Lawyering - Discovery
District Judge Katherine Polk Failla imposed significant sanctions in Arrowhead Capital Finance, LTD v. Seven Arts Entertainment, Inc., 2016 U.S. Dist. LEXIS 126545 (S.D.N.Y. Sept. 16, 2016), following Defendants’ repeated failure to cooperate in discovery and comply with the terms of her previously
California - General
With holiday hiring in full swing, it’s a good time to review what should and should not be asked on employment applications.
New York - General
The New York City Council has overwhelmingly passed a bill that mandates a 90-day transition period for displaced food service workers when a new owner or operator takes over a city building.
OSHA - Record Keeping
Last week a federal judge requested that OSHA agree to further extend the November 1st effective date for the anti-retaliation provisions in OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule.