Sunday, July 5, 2026Labor & Employment Law
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6399 articles on ELINFONET
OSHA - General
Coal haulage machines and scoops operating in working sections of underground coal mines will be required to be outfitted with proximity detection devices on a phased-in schedule if a proposed rule issued by the Mine Safety and Health Administration is finalized.
FLSA - Employees Covered
The Court of Appeals for the Eleventh Circuit last week adopted the Second Circuit’s “primary beneficiary” test as the appropriate test for determining whether an unpaid clinical intern was truly an “employee” within the meaning of the FLSA. Schumann v. Collier Anesthesia, P.A., 2015 U.S. App. LEXIS
OSHA - General
Many more franchisors are likely to be judged to have a joint employer relationship with franchisees, subjecting them to enforcement by the Occupational Safety and Health Administration, under a draft policy reported to be circulating within the Department of Labor (DOL).
Class Actions - Certifications
On December 15, 2015, several amendments to the Federal Rules of Civil Procedure are scheduled to take effect, including one which may assist employers to reduce the cost of defending class actions. The scope of permissible discovery under Rule 26 will no longer be defined as “reasonably calculated
Labor Law - Coverage
Two days after returning from a scheduled congressional recess, senior Republican lawmakers introduced the first legislative challenge to the NLRB’s new joint employer standard, which was handed down last month in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015).
Affirmative Action - OFCCP
On February 12, 2014 President Obama signed Executive Order 13658 establishing a minimum wage for federal contractors. Effective January 1, 2015, the minimum hourly wage for workers performing work on covered contracts was $10.10. The Executive Order gave the Secretary of Labor the authority to dete
Immigration - General
U.S. Citizenship and Immigration Services and the Department of State have announced new procedures for determining visa availability for applicants waiting to file adjustment of status applications. Prior to this change, DOS had published a single chart in its visa bulletin each month indicating “F
HR - Whistleblowing
A federal appeals court ruling on the Dodd-Frank Wall Street Reform and Consumer Protection Act (“DFA”) may prompt U.S. Supreme Court review as to when an employee whistleblower is entitled to the benefits of the anti-retaliation provisions of the DFA.
Federal Gov't - General
A federal government shutdown looms as current funding expires on September 30 and government leaders disagree on funding legislation. The present shutdown threat is fueled by two primary issues set against the backdrop of presidential election posturing by both political parties. President Barack O
Labor Law - General
Senator Lamar Alexander (R., TN.) chairman of the Senate Committee on Health, Education, Labor, and Pensions and Representative John Kline (R., Minn.), chairman of the House Committee on Education and the Workforce, introduced legislation to curtail the National Labor Relations Board’s expansive new
HR - General
Sensitive employer information may be the subject of secret Government prying. With the pervasive use of smart phones in business today, and with those phones containing confidential personal and business information, law enforcement has the ability to take information from those smart phones withou
ADA - General
A plaintiff may not salvage her untimely ADA demotion claim by alleging that the statute of limitations began anew with each paycheck pursuant to the Lilly Ledbetter Fair Pay Act, according to the Second Circuit Court of Appeals. Davis v. Bombardier Transportation Holdings (USA) Inc. (Second Circuit
Immigration - Visas
On September 9, 2015, US Citizenship and Immigration Services (“USCIS”) and the Department of State (“DOS”), announced new procedures for determining visa availability for applicants waiting to file adjustment of status applications. These revisions are intended to implement executive actions by Pre
Benefits - HIPAA
According to a Bloomberg article, the second phase of HIPAA audits by the Office for Civil Rights (OCR), originally set to commence in 2014, may be coming soon. This update came at a HIPAA conference co-hosted by OCR during which OCR Director Jocelyn Samuels said the agency was in the process of con
Labor Law - General
“Join the union, and you’ll make more money!”
Class Actions - Certifications
Many employers who are familiar with class actions know that merits-based discovery is generally impermissible before a class has been certified. As a result, these employers often push back – without much forethought – on merits-based discovery that they consider to be “invasive” during the pre-cer
Title VII - EEO-1
The EEO-1 Joint Reporting Committee has extended the deadline for filing this year’s EEO-1 Reports. The new deadline to file reports is now October 30, 2015.
New York - Wage & Hour
Today, Acting Commissioner of Labor Mario Musolino adopted the Fast Food Wage Board’s July recommendations, in an Order available here. The Order takes effect within thirty days of its publication in ten New York newspapers. Employers covered – or arguably covered – by the definition of “Fast Food E
OSHA - General
Parties to whistleblower disputes have a new way to resolve their differences using the Occupational Safety and Health Administration’s “early resolution” process.
OSHA - General
A judge’s decision to award lifetime workers’ compensation benefits to the widow of a Colorado oil and gas worker who died from toxic gases after opening a tank to measure oil levels could reverberate throughout the industry.