Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
Illinois - Restrictive Covenants
The saga of “What consideration is adequate?” in Illinois continues. What has become clear is that federal courts are more forgiving than Illinois state courts on this issue.
Restrictive Covenants
A recent unpublished decision of the United States District Court, Eastern District of Pennsylvania, highlights the importance for employers to review carefully their agreements containing restrictive covenants to ensure they do not unintentionally limit the available avenues for relief.
Title VII - EEO-1
Today the U.S. Equal Employment Opportunity Commission held a public hearing regarding the Agency’s pending proposed revisions to the EEO-1 Report to include a pay reporting component. As proposed, all employers with 100 or more employees would add information on aggregate pay ranges and hours worke
OSHA - Violations
Shortly before OSHA’s new injury and illness reporting requirements came into effect last January, OSHA issued “Interim Enforcement Procedures for New Reporting Requirements under 29 C.F.R. 1904.39.” These interim procedures served as enforcement guidance for Area Offices and compliance officers whe
Montana
The Montana Supreme Court has upheld against a state constitutional challenge the State’s 2011 Montana Marijuana Act, a new statutory framework embodying the State’s effort to limit abuses resulting from the 2004 Medical Marijuana Act, which was established by voter initiation. Montana Cannabis Indu
OSHA - Whistleblower Protections
Employers face the possibility of an increase in whistleblower complaints under new guidance from the Occupational Safety and Health Administration that relaxes the standard for investigators tasked with determining if a violation of a whistleblower statute exists. OSHA provides whistleblower protec
FLSA - Overtime, General
Multiple sources have reported that yesterday the USDOL sent the proposed final overtime rule to the Office of Management and Budget (OMB) for its mandatory review. If OMB’s review is completed on an expedited basis, DOL could disseminate the proposed final rule to the public by mid-April, with an e
Benefits - Retirees
An IRS plan audit uniquely focuses an employer’s mind on the core identity of its qualified retirement plan, which is that of a tax exempt organization, but one whose exemption (or “qualification”) requirements are far pickier than those applicable to one’s favorite charity. Any single material oper
OSHA - General
Although a defective piece of mobile equipment, which was restored to service, improperly moved despite the inactivation of the equipment, it did so too slowly to make an injury reasonably likely, an administrative law judge (ALJ) has ruled.
Oregon - Wage & Hour
While the federal minimum wage remains stagnant ($7.25 per hour since July 24, 2009), different states have sought to lead with their own minimum wage rulemaking.
FLSA - Retaliation
The substantive provisions of the FLSA protect covered non-exempt employees’ right to receive minimum wage and, as applicable, overtime pay. The statute’s anti-retaliation provision is co-extensive: it protects employees from termination or other adverse employment action in response to complaints t
Immigration - General
Each year, the U.S. Citizenship and Immigration Services issues 65,000 H-1B visas and 20,000 “master’s cap” visas. April 1, 2016, is the first day on which an H-1B petition may be filed for FY 2017, in anticipation of an October 1, 2016, start date. Last year, USCIS accepted 233,000 petitions in the
Labor Law - General
A bulletin on employment, labor, benefits and immigration law for employers.
FMLA - General
Alabama is now a kibosh state, joining about a dozen others that prohibit municipalities from passing a law requiring employers to provide employees with paid or unpaid leave. The Alabama law, HB 174, also bars municipalities from requiring employers to pay employees for any leave required by federa
HR - General
Recognizing the growing number of connected and interconnected devices, a bipartisan group of Senators recently introduced a bill which would convene a working group of Federal stakeholders to provide recommendations to Congress on how to appropriately plan for and encourage the proliferation of the
Washington State - General
The U.S. Chamber of Commerce has challenged the Seattle City Ordinance giving drivers of app-based transportation companies that use independent contractors to provide services (such as Uber and Lyft) the right to collectively bargain. (See our post, Seattle City Council Enacts Ordinance Giving Driv
Affirmative Action - OFCCP
Government contractors may have reason to feel uneasy at what awaits them from the Administration’s latest effort to mandate worker benefits. U.S. Department of Labor’s Notice of Proposed Rulemaking provides a glimpse into how the Department of Labor intends paid sick leave (“PSL”) to affect federal
Immigration - General
Employers can request that USCIS predetermine that they meet the requirements for certain nonimmigrant and immigrant employment-based visa categories under a new pilot program announced by the Department of Homeland Security (DHS) on March 3, 2016.
ADA - Direct Threat
An employee terminated immediately upon his return from medical leave for alcohol rehabilitation presented sufficient evidence of discrimination under the Family and Medical Leave Act, Americans with Disabilities Act and Ohio state law to present his case to a jury, according to a federal court in O
California - Fair Employment And Housing Act
The California Department of Fair Employment and Housing (“DFEH”) recently issued guidelines on transgender employee rights, addressing what types of questions employers may ask transgender employees and applicants. The guidelines also address how employers can implement dress code and grooming stan