Monday, July 6, 2026Labor & Employment Law
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FLSA - Overtime Exemptions
Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-Tenn.) has announced that he will soon introduce a Congressional Review Act resolution to block implementation of the Department of Labor’s final overtime rule. (For details of the Final Rule, see our article, Labor
ADA - Reasonable Accommodation
Since June 2011, when the EEOC suggested it might issue guidance on leave as a reasonable accommodation under the ADA, we have likened the wait to waiting for Godot. See here and here. After nearly five years of reciting that “it didn’t come today, it might come tomorrow,” on May 9, 2016, the EEOC i
OSHA - Inspections
August 1, 2016, is the effective date for imposition of higher fines by the Occupational Safety and Health Administration, but violations alleged in inspections occurring as recently as this February may be subject to the increased fees, according to OSHA. That is because OSHA can take as long as si
OSHA - Mining
According to at least one administrative law judge, neither the work product privilege nor the attorney-client privilege allows an Arizona metal producer and its contractor to withhold factual information gathered during the companies’ investigation of a fatal mine accident from their regulatory aut
FLSA - Overtime Exemptions
The U.S. Department of Labor has released its long-awaited Final Rule updating regulations under the Fair Labor Standards Act governing overtime exemptions for executive, administrative, and professional employees, commonly known as the “white collar exemptions” or “EAP exemptions.” The Final Rule i
Labor Law - Union Organizing
National Labor Relation Board General Counsel Richard F. Griffin has issued a Memorandum to NLRB Regional Directors, Officers-in-Charge, and Resident Officers proposing a dramatic change in Board law on whether, and under what circumstances, an employer may unilaterally withdraw recognition from a u
New York - Human Rights Law
The New York City Commission on Human Rights has released enforcement guidance on the New York City Pregnant Workers Fairness Act identifying five categories of potential violations and emphasizing the need to engage in cooperative dialogue to reach accommodation.
FLSA - Overtime Exemptions
News outlets are reporting that the new salary basis rule will take effect on December 1, 2016, and require a salary of $47,476 per year ($913/week). Reports also indicate that the new rule will require an update of the salary threshold every three years, as opposed to annual increases. This effecti
HR - Background Checks
Employers regularly turn to background screening companies in order to obtain information/reports about applicants and employees. The Fair Credit Reporting Act (FCRA) applies to companies that sell or provide these background screening reports if such a report meets the FCRA’s definition of a “consu
Immigration - General
The Department of Homeland Security has begun implementing the new, additional 24 months of F-1 Optional Practical Training (“OPT”) work authorization for foreign students with a STEM major. This is a major in science, technology, engineering or mathematics.
Restrictive Covenants
For the first time, companies have a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act (“DTSA”), signed by President Barack Obama on May 11, 2016, applies to any misappropriation of trade secrets that occurs on or after the signing date.
OSHA - General
Today, OSHA’s final electronic recordkeeping rule, “Improve Tracking of Workplace Injuries and Illnesses,” was published in the Federal Register.
OSHA - General
The Occupational Safety and Health Administration has released “Improve Tracking of Workplace Injuries and Illnesses,” its long-anticipated final rule revising its Recording and Reporting Occupational Injuries and Illnesses regulation.
Pennsylvania - General
A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result. Wilkinson v. Marvin E. Klinger, Inc., Case No. 4:15-cv-01916, 2016 U.S. Dist. LEXIS 58340 (M.D. PA. May 3, 2016).
Federal Gov't - DOJ
The U.S. Departments of Justice (DOJ) and Education (DOE) have issued a joint “Dear Colleague Letter” (DCL) containing “significant guidance” on how these departments will apply sex discrimination protections under Title IX of the Education Act of 1972 to transgender students.
Benefits - ACA
On May 12, 2016, the United States District Court for the District of Columbia issued an opinion in U.S. House of Representatives v. Burwell et al., No. 14-1967 (D.D.C. May 12, 2016), enjoining the federal government’s use of unappropriated monies to fund reimbursements to health insurers under Sect
Restrictive Covenants
The federal Defend Trade Secrets Act of 2016 was signed into law on May 11, 2016 by President Obama. A review of the law and its impact on employers can be found here: http://www.noncompetereport.com/2016/04/defend-trade-secrets-act-set-to-become-law/
HR - General
According to a recent New York Times article, “Facebook scrambled on Monday to respond to a new and startling line of attack: accusations of political bias.” Slate followed with a report that the online social networking giant became the subject of a United States Senate inquiry, with Commerce Commi
Affirmative Action - OFCCP
OFCCP has received approval from OMB for revisions to the Agency’s Functional Affirmative Action Program (FAAP) directive. The revised Directive 305 went into effect on April 28, 2016. In response to public comments received, OFCCP made modifications to its proposed revised directive, as reflected i
OSHA - Record Keeping
Today, a copy of OSHA’s final electronic rule, “Improve Tracking of Workplace Injuries and Illnesses,” was made available for public inspection prior to release in the Federal Register on May 12, 2016. In November 2013, OSHA published a notice of proposed rulemaking to add electronic recordkeeping r