Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
HR - Free Speech Protections
A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or her constitutional rights, the U.S. Supreme Court has held in a 6-2 decision.
Alabama
The City Council of Oxford, Alabama, has enacted an ordinance regulating the utilization of bathroom or changing facilities within the City of Oxford, Alabama, making it unlawful for a person to use a bathroom or changing facility within the jurisdiction of the City that does not correspond to the p
California - General
California has many requirements for the content of an employee wage statement, including this year’s new requirements for employees paid by a piece rate. Employees paid by piece rates must be separately compensated for rest and recovery periods and, where the employee does not earn at least minimum
Restrictive Covenants
For the first time, there will be a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly supports” the legislation.
OSHA - General
In the first revision in 30 years of its criteria document on workers’ exposure to heat and hot environments, the National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention removed ceiling limit recommendations for acclimatized and un-acclimated workers,
New Jersey - General
A bill making its way through the New Jersey legislature provides that an employee may request, and an employer must consider, changes to work hours, work locations, and more consistent work hours, among other terms and conditions of employment, as a matter of right. The employer, in turn, must enga
Benefits - ACA
As companies complete their Section 6055 and 6056 reporting under the Affordable Care Act (ACA), now it’s time to be on the lookout for notices regarding ACA penalties.
California - Restrictive Covenants
A federal appeals court has held a forum selection clause in a non-disclosure agreement does not cover trade secret misappropriation and related claims that are not based on the agreement. In re Orange, S.A. v. United States District Court, 2016 U.S. Ap. LEXIS 648 (9th Cir. 2016).
Labor Law - General
The United States Department of Labor published its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act on March 24, 2016.
Benefits - General
In recent weeks, much of the discussion around a recent Supreme Court case, Gobeille, has focused on ERISA preemption. But for fiduciaries of benefit plans the case can serve as a reminder of important duties that often go unexplored—protecting the private data of participants.
Immigration - General
The Department of Homeland Security’s final rule on optional practical training (OPT) work authorization for foreign nationals in F-1 status with science, technology, engineering, or mathematics (STEM) degrees from U.S. institutions will go into effect on May 10, 2016. The U.S. Citizenship and Immig
Labor Law - Coverage
Whether the National Labor Relations Board’s recently articulated joint employer standard can withstand judicial scrutiny is about to be tested. Browning Ferris Industries of California has filed a petition for review (in the United States Court of Appeals for the District of Columbia Circuit) of th
California - Labor Law
Overturning a trial court ruling, the California Court of Appeal for the Second Appellate District held that teacher tenure laws are constitutional in the case of Vergara v. State of California, decided April 14, 2016.
OSHA - Mining
Two coal mines in Appalachia received no citations while four other coal operations in that region, along with an Indiana cement plant, were tagged with alleged infractions in the double digits by the Mine Safety and Health Administration during an impact inspection sweep in February. Ten coal mines
California - Fair Employment And Housing Act
New California Fair Employment and Housing Act regulations that went into effect April 1, 2016, requiring employers to have a discrimination, harassment, retaliation, and prevention policy also set new benchmarks for mandatory sexual harassment training procedures.
OSHA - Violations
Labor and business interests have dashed to the courthouse to launch lawsuits against the Occupational Safety and Health Administration’s new silica standard, underscoring the controversy over the comprehensive health rule.
Immigration - General
Supreme Court argument has taken place in United States v. Texas, a high-stakes, hotly contested case on the Administration’s executive programs that deferred possible deportation of millions of undocumented individuals. The Court’s expected June decision is likely to have far-reaching implications
OSHA - Inspections
Under the Bipartisan Budget Act of 2015 OSHA is required to increase civil penalties for the first time since 1990 and a one-time catch-up adjustment will occur in August 2016. Penalties are expected to be increased by roughly 80 percent, meaning a serious citation of $7,000 may now be $12,500 and a
OSHA - Record Keeping
In a recent interpretation letter, an employer posed the following scenario and question to OSHA:
Labor Law - Union Organizing
Republicans in the House of Representatives have introduced a joint resolution (H.J. Res. 87) expressing congressional disapproval and seeking to block implementation of the United States Department of Labor’s controversial Final Rule relating to “persuader” activity under the Labor-Management Repor