Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
California - Wage & Hour
Anyone paying attention to national politics knows increasing the minimum wage is a hot topic being debated by employee and business groups. While the debate rages, the Sacramento City Council decided not to wait for the feds or the state to act, and recently voted 6-3 to increase the Sacramento cit
Texas
Texas will allow the open carrying of handguns in public and the carrying of concealed handguns on university campuses beginning in 2016 under two bills signed by Governor Greg Abbott.
Sex Discrimination - Title IX
An Illinois school district has violated anti-discrimination laws by not allowing a transgender student who identifies as female and is on her high school’s girls’ sports team to change and shower in the girls’ locker room, the United States Department of Education Office of Civil Rights (“OCR”) has
Labor Law - General
In Green JobWorks LLC/ACECO, LLC, No. 05-RC-154596 (Oct. 21, 2015), discussed here, a case believed to be the first post-Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), to apply the new joint employer “test” articulated there, a National Labor Relations Board Region
Benefits - ACA
The Employee Benefits Security Administration (EBSA) of the Federal Department of Labor plans to publish on November 18, 2015, new claims procedures for adjudicating disability benefits designed to enhance existing procedures for those benefits under Section 503 of the Employee Retirement Income Sec
OSHA - General
OSHA is being criticized for a recent interpretation letter clarifying who is responsible for recording illnesses and injuries in what the agency considers a “joint employer relationship” where supervision is shared between a host employer and a staffing agency. In deciding whether the host employer
ADA - Direct Threat
In the last three years, the Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and employees who use prescription medications. In accordance with that trend, EEOC filed suit on November 3, 2015 against an employer who pu
HR - Drugs & Alcohol
A federal court in Georgia rejected an employee’s claim that his termination after a positive drug test result for barbiturates was discriminatory. Roman v. Leggett and Platt, Inc., Case No. 3:14-CV-20 (M.D. Ga. Nov. 3, 2015).
California - General
Employers doing business in California have seen a barrage of class actions and representative claims for various alleged wage and hour Labor Code violations. Some cases are premised solely on “technical” wage statement violations, where the employer may not have even realized the practice was occur
New Jersey - General
Elizabeth, New Jersey, joins a growing number of municipalities in the Garden State to enact a City Ordinance mandating that all private employers in the city provide their employees with paid sick time. Ordinance No. 4617 will take effect on March 2, 2016, or at the expiration of current collective
Utah
The Utah doctrine of wrongful discharge claims recognizes self-defense as a clear and substantial public policy under limited circumstances, the Utah Supreme Court has ruled in a 4-1 decision that expands the state’s exceptions to the at-will employment doctrine. Ray, et al. v. Wal-Mart Stores, Inc.
Illinois - Restrictive Covenants
A recent decision from an Illinois Appellate Court suggests that employers with non-compete agreements “built to scare” may end up with an unenforceable contact and even the loss of confidential information under Illinois law. AssuredPartners, Inc. v. Schmitt (October 27, 2015 1st Dist.)
OSHA - General
The quasi-judicial body overseeing enforcement actions by the Occupational Safety and Health Administration has handed OSHA another challenge to the agency’s nascent use of guidance documents as the basis for issuing citations, rather than relying on legally promulgated standards.
Missouri - General
An employer’s parent corporation that did not “directly act[] in the interest” of the employer was not a covered employer under the Missouri Human Rights Act liable for harassment and retaliation, a Missouri Court of Appeals has ruled. Diaz v. AutoZoners, LLC, d/b/a AutoZone, et al., No. WD77861 (Mo
HR - Privacy & Surveillance
Demonstrating its continued commitment to data security enforcement, the Federal Communications Commission (FCC) recently announced Cox Communications Inc., the nation’s third largest cable operator, agreed to pay $595,000 to resolve an investigation into whether the company failed to properly prote
OSHA - General
Recognizing that “an ounce of prevention is worth a pound of cure”, OSHA introduced last week its draft document, “Protecting Whistleblowers: Recommended Practices for Employers for Preventing and Addressing Retaliation” (available here). In the draft document, OSHA identifies these five key steps t
Affirmative Action - Veterans
Today, as a country, we celebrate our nation’s veterans and recognize all they have done. We give our sincerest appreciation to all those who have sacrificed and given their service for our country.
New York - Human Rights Law
The New York City Commission on Human Rights, the agency responsible for enforcing New York City’s Fair Chance Act, has issued its “Interpretative Enforcement Guide” for the Act.
Class Actions - General
Whether a plaintiff who alleges no injury may bring a lawsuit, including a class action, based on a violation of statutory rights was the central issue before the U.S. Supreme Court on November 2, 2015, when the Court heard oral argument in Spokeo, Inc. v. Robins, et al., No. 13-1339.
Immigration - Visas
The U.S. Department of Homeland Security has proposed amending its regulations on the optional practical training (“OPT”) program to allow international F-1 students with U.S. degrees in the sciences, technology, engineering, or mathematics (“STEM”) — attained from accredited institutions — to exten