Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
New Jersey - General
The New Jersey Department of Labor and Workforce Development (NJDOL) has adopted regulations for the Opportunity to Compete Act, the state Ban-the-Box Law, clarifying many questions, including the Act’s impact on businesses with multistate operations.
Benefits - General
A Troubling Expansion of Successor Liability. Under the Employee Retirement Income Security Act (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act (“MPPAA”), an employer that has assumed an obligation to contribute to and subsequently withdraws from a collectively-bargained and j
Pennsylvania - General
Amendments to Philadelphia’s “Ban the Box” legislation, the Fair Criminal Records Screening Standards, were signed into law by Mayor Michael Nutter on December 15, 2015. The amendments to Philadelphia’s ordinance, which take effect on March 14, 2016, expand the reach of existing law to more business
HR - Independent Contractors
Economists and business commentators believe that the U.S. economy is moving from a world of corporations to a world of “pop-up” businesses. Further, they point out that these pop-up businesses are powered by what’s becoming known as “gig workers” – a term borrowed from the music industry, where mus
Colorado - General
The U.S. Solicitor General filed a brief in the U.S. Supreme Court December 16, 2015 opposing Nebraska and Oklahoma’s challenge to Colorado’s legalization of marijuana. Last December, the states of Nebraska and Oklahoma filed a motion in the U.S. Supreme Court seeking permission to file suit against
New York - General
Following other recent pro-employee legislation enacted in New York City, the New York City Council on December 16, 2015, passed a bill banning employment discrimination based on an individual’s actual or perceived status as a caregiver. (See our articles, New York City Issues Enforcement Guidance R
Affirmative Action - General
While its been quite some time since we’ve discussed the issue, it seems we have occasion again to revisit the age-old, yet unresolved, question of whether healthcare providers are covered by federal affirmative action laws and regulations. The answer to that question has been an ongoing saga in Con
Georgia - General
In-home personal care employees in Georgia were covered by the state’s minimum wage law, the Georgia Supreme Court has ruled, notwithstanding the fact that those employees were exempt from the minimum wage requirements of the federal Fair Labor Standards Act. Anderson v. Southern Home Care Services,
Ohio
Last week, an Ohio, a federal judge held that a home health aide failed to demonstrate that she performed general housework unrelated to the care of her patients, and therefore qualified as a provider of companionship services under the Fair Labor Standards Act’s previous formulation of the “compani
OSHA - General
The last year of President Obama’s administration is fast approaching and 2016 looks to be a busy time for the Occupational Safety and Health Administration (OSHA), as it attempts to finalize significant rulemakings and guidance documents.
HR - General
What effect are liberalized marijuana laws having on employer drug policies?
Restrictive Covenants
As 2015 draws to a close, reflection on the year’s changes and developments in the law governing non-compete and non-disclosure agreements suggests additional issues to be on the lookout for in the coming year. We review four of them below.
Labor Law - Union Organizing
The American Federation of Teachers Connecticut has withdrawn its petition to represent 866 full-time, part-time, and per-diem non-professional employees employed at Danbury Hospital. The move likely makes moot the employer’s appeal (Request for Review) of a National Labor Relations Board Regional D
Immigration - Employment Eligibility
Periodic internal I-9 audits are considered an employer “best practice” by Immigration and Customs Enforcement (ICE). Before conducting an internal I-9 audit, however, employers need to understand how to address a range of issues likely to be identified.
Benefits - Retirees
On December 9, 2015, the IRS issued Notice 2015-87 [link below], which provides guidance on the application of the recent United States Supreme Court (“SCOTUS”) decision in Obergefell v. Hodges [link below] to qualified retirement and health and welfare plans.
OSHA - General
On December 9, 2015 OSHA held a public meeting at the Department of Labor in Washington, D.C. to discuss its revised Safety and Health Program Management Guidelines, which are voluntary guidelines for employers. Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, led
California - Fair Employment And Housing Act
Two cases involving employees who were terminated shortly following protected leaves of absence lead to opposite results for the employers, with one case being dismissed and the other proceeding to trial. In one case, the California Court of Appeal rejected a bank employee’s claim that she was wrong
FLSA - Overtime, General
Since the United States Department of Labor announced its intention, in response to the President’s directive, to more than double the salary basis necessary to qualify for the “white collar” exemptions from overtime, the business community has swung into action. Employers and associations have both
Benefits - Cafeteria Plans
As the calendar year comes to an end, group health plan sponsors must remember that if they took advantage of the ACA relief of IRS Notice 2014-55, amendments to their cafeteria plans by year end are needed.
HR - Privacy & Surveillance
When people think about data breaches, they tend think more about the illegal hacking into computer networks by individuals, criminal enterprises or even nation states, than they do about simple employee error. This makes some sense as hacking incidents seem to be more interesting and draw more medi