Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
HR - USERRA
An employer did not violate the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it discharged an employee shortly after his return from active duty, the Sixth Circuit Court of Appeals, in Cincinnati, has held. Slusher v. Shelbyville Hosp. Corp., No. 15-5256 (6th Cir.
Immigration - General
A bulletin on immigration issues.
Lawyering - Discovery
This is part Ten of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven, eight and nine before this one.
FLSA - Federal Minimum Wage
Continuing its three-year campaign, “Fight for $15” on November 4, 2015, announced plans for worker strikes and protests at fast food restaurants in 270 U.S. cities on November 10. The protests, timed to occur one year prior to the 2016 presidential election, is calculated to send a message to voter
OSHA - General
While big penalties levied by the federal Occupational Safety and Health Administration dominate the headlines, monetary fines imposed by health and safety agencies in states backed by OSHA can be significant, too.
Florida - Restrictive Covenants
A recent case from Florida’s Fifth District Court of Appeals underlines the importance for employers to provide a sufficient legitimate business interest to justify enforcement of a non-compete agreement. Where a former employee or contractor is interfering with client relationships, the employer mu
FLSA - Industries and Occupations
Chief Justice Roberts’ denial of the Home Care Association of America’s request for stay of issuance of mandate confirms that the new rule rendering many home health aides overtime-eligible is effective, pending appeal. In response to that denial, Wage-and-Hour Administrator David Weil issued a new
Pennsylvania - General
The Pittsburgh Paid Sick Days Act (“PSDA”) and the implementing regulations, which were released in October, were to become effective on January 11, 2016. Instead, because of a lawsuit against the City, this date has been extended by 60 days, to March 10, 2016. (For details of the PSDA, see our arti
Benefits - General
Last November, Melissa Ostrower wrote an excellent blog on the perils of employers reimbursing employees for health care premiums. (See: http://www.benefitslawadvisor.com/2014/11/articles/health-care-reform-legislation/premium-reimbursement-arrangements-employers-beware/) At the time of her article,
FLSA - Overtime Exemptions
Although applicability of the Motor Carrier Act (MCA) exemption from overtime is predicated on “interstate commerce,” interstate commerce can include wholly intrastate travel by a covered employee when shipped in a “practical continuity of movement” across state lines. A new opinion highlights this
Labor Law - General
An NLRB case involving the construction industry provides insight into how the agency’s new joint employer standard may be applied.
Texas
In a detailed, 26-page published decision in the matter of Cardoni v Prosperity Bank, No. 14-20682 (5th Cir. Oct. 29, 2015) the Fifth Circuit Court of Appeals took a deep look at choice of law provisions in restrictive covenants. The Appellate Court started out by noting that in addition to their we
OSHA - General
The Bipartisan Budget Act of 2015 contains a few surprises for employers covered by the OSH Act. To date, OSHA’s monetary penalties have not been subject to inflationary increases and, in fact, have been static since 1990. The proposed “Federal Civil Penalties Inflation Adjustment Act Improvement Ac
Benefits - ACA
Since the enactment of the Affordable Care Act (ACA), larger employers have wondered about an auto-enrollment provision that the ACA added to the Fair Labor Standards Act (FLSA). Under that provision, employers that are subject to the FLSA and which employed more than 200 full-time employees would h
Affirmative Action - OFCCP
In a year in which OFCCP has proposed and released more new and updated regulations than any other in recent memory, it looks as though they are on track to add new Sex Discrimination Regulations to the list.
New Jersey - General
The Jersey City Council has approved and adopted an ordinance amending the Jersey City sick leave law to make paid sick leave available to more workers in the second largest city in New Jersey.
California - General
With holiday hiring in full swing, it is a good time to review some basic rules about employment applications in California. In general, employers should not request the following information on employment applications:
FLSA - Overtime, General
Fixed payments made on other than an hourly basis to non-exempt (i.e., overtime eligible) workers often must be included in the regular rate of pay for purposes of calculating overtime. One type of payment that may be excluded from the regular rate calculation is payment for “reasonable payments for
Benefits - Multi-Employer Plans
Since the passage of the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”) the financial well-being of employers contributing to multi-employer defined benefit pension plans has been tied to the funding of those plans, many of which have been underfunded for decades. The downward spiral ha
Benefits - Executive Compensation
Due to the popularity of limited liability companies (LLCs) as a form of business entity, we have been approached lately more than ever to structure equity and “phantom” equity based compensation for LLC businesses, including private equity firms and other businesses that embrace an employee ownersh