Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
Retaliation (Title VII)
The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law.
OSHA - Mining
The public will have until November 30, 2016, to submit comments on the Mine Safety and Health Administration’s Request for Information on the agency’s strategies for controlling and monitoring exposure of underground miners to diesel exhaust.
Immigration - Employment Eligibility
The Office of Management and Budget (“OMB”) has approved revisions to the Form I-9 to be released to the public within 90 days. The exact date of release has not been announced. The new form will include much-needed technology features to assist employers in identifying errors. The new form will rep
California - Fair Employment And Housing Act
On August 29, 2016, the California Court of Appeal for the Second Appellate District reversed summary judgment earlier awarded to the employer in Castro-Ramirez v. Dependable Highway Express, Inc. In its reversal, the court found that an employer’s denial of accommodation to a nondisabled employee m
Class Actions - General
Requiring class and collective action waivers as a condition of hire or continued employment violates the National Labor Relations Act (“NLRA”), the Ninth Circuit Court of Appeals ruled on August 22, 2016.
Labor Law - General
Taking its new joint employer standard to new heights, the NLRB found that Retro, a construction company, and Green JobWorks, a temporary staffing agency, are joint employers based on speculative future projects. Retro Environmental, Inc./Green JobWorks, LLC, 364 NLRB No. 70 (Aug. 16, 2016).
Labor Law - Collective Bargaining
Prior to entering into a first contract, an employer has a statutory obligation to bargain with the union that represents its employees before imposing discretionary “serious discipline” (such as suspension, demotion, or discharge) on any of those employees, the National Labor Relations Board again
Benefits - General
If you ask, plan administrators will tell you that for every deadline or specified time limit that is imposed by law upon plan participants for taking action with respect to an employee benefit plan, there are always a significant number of participants who come forward with one or more “excuses” wh
Class Actions - General
In a case for overtime compensation, the Middle District of Florida (Fort Myers Division) held that plaintiffs’ claims under the Fair Labor Standards Act (“FLSA”) and Federal Rule of Civil Procedure 23 were “mutually exclusive and irreconcilable.” Tamera Goers, et. al. v. L.A. Entertainment Group an
New York - General
New York has beefed up protections for certain private and public sector employees, designating assaults against them as Class D felonies, rather than just Class A misdemeanors.
OSHA - General
Most state workplace safety programs did not meet performance goals, an annual report by the federal Occupational Safety and Health Administration studying 21 state programs in fiscal year 2015 has found. This is largely because of high staff turnover and insufficient federal funding in many states,
Lawyering - Discovery
The importance of timely implementing a litigation hold cannot be overemphasized. In Bruner v. American Honda Motor Company, 2016 U.S. Dist. Lexis 62810 (S.D. Ala. May 12, 2016), the plaintiffs, who were involved in an accident involving a 2007 Honda Civic, sought potential e-mails related to airbag
Immigration - General
The Department of Homeland Security has closed out the summer with an encouraging proposal designed to allow certain founders of start-up companies from abroad to come to the U.S. for an initial stay of up to two years to build their business here. In a move recognizing the entrepreneurial spirit em
Labor Law - Union Organizing
Reversing longstanding precedent, the National Labor Relations Board has ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor Relations] Act.” Columbia University, 364 NLRB No. 90 (Aug. 23, 2016).
OSHA - Whistleblower Protections
In an effort to speed up claims under the Occupational Safety and Health Administration’s Whistleblower Protection Program, the Labor Department’s San Francisco region has launched a new process, called the “Expedited Case Processing Pilot.” Under the new process, OSHA may halt certain whistleblower
Georgia - General
The Occupational Safety and Health Administration is fighting a Gainesville, Georgia, magistrate judge’s recommendation that would restrict its new regional worker-safety program aimed at poultry processing facilities.
Illinois - General
In an effort to address possible overuse of non-compete agreements by certain employers, Illinois Governor Bruce Rauner has signed into law the Illinois Freedom to Work Act. The Act prohibits private sector employers from entering into non-compete restrictions with “low-wage employees” and renders a
Illinois - Restrictive Covenants
Illinois has a new non-compete statute that bans the use of non-compete agreements with “low-wage” employees.
Affirmative Action - OFCCP
The U.S. Department of Labor and the Federal Acquisition Regulatory (“FAR”) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama’s “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673), often called the “Blacklisting” or “Bad Actors”
Federal Gov't - DOL
The Department of Labor and FAR Council have released, for publication tomorrow, final guidance and regulations implementing Executive Order 13673: Fair Pay & Safe Workplaces (also colloquially referred to as the Blacklisting Executive Order.)