Sunday, July 5, 2026Labor & Employment Law
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California - General
On July 17, 2015, a California appellate court affirmed the denial of an intellectual property attorney’s anti-SLAPP motion against his former employer. Terrence Wyles, the defendant and former in-house counsel for medical products company West Hills Research and Development, Inc. (“West Hills”), so
HR - Whistleblowing
Two recent cases from opposite coasts confirm that employees do not have an unfettered right to steal their employer’s documents notwithstanding the documents’ potential relevance to a whistleblower retaliation claim.
Immigration - General
The 2008 Department of Homeland Security (DHS) rule allowing certain F-1 visa students with Science, Technology, Engineering or Math (STEM) degrees to extend their stay for an additional 17 months of training related to their degrees in the U.S. is deficient, a federal judge for the U.S. District Co
Labor Law - NLRB
Vacating a Board order adopting an Administrative Law Judge’s decision holding that an employer violated Sections 8(a)(1) and (5) of the National Labor Relations Act by ceasing to pay longevity pay under a collective bargaining agreement between the employer and the union representing its employees,
Benefits - ACA
Effective 2018, Section 4980I of the IRC — the so-called “Cadillac Tax,” which was added to the IRC by the ACA — will impose a 40% nondeductible excise tax on the aggregate cost of applicable employer-sponsored health coverage that exceeds an annually-adjusted statutory dollar limit. For 2018, the d
Title VII - General
A paid suspension “typically” does not constitute an “adverse employment action” under the substantive provision of Title VII of the Civil Rights Act (Section 703), the federal appeals court in Philadelphia has held in a case of first impression for the circuit, joining other courts that have ruled
FLSA - Hours Worked
The best defense for employers confronted with claims of “off-the-clock”, (i.e., unrecorded) work under the FLSA are accurate contemporaneous time records created by employees based on clearly communicated time keeping practices. The effectiveness of such records was recently demonstrated in Roberts
Labor Law - General
Concluding that its assertion of jurisdiction “would not serve to promote stability in labor relations,” the National Labor Relations Board has declined to exercise authority over the College Athletes Players Association’s (CAPA’s) petition to represent scholarship football players at Northwestern U
FLSA - Employees Covered
Last year, Judge John G. Koeltl of the Southern District of New York ruled that individuals who served as volunteers at the 2013 Major League Baseball All Star Weekend FanFest, a four-day event centered around the All Star Game, were not entitled to minimum wage because they were “employed by an est
Affirmative Action - OFCCP
Adding to its growing list of available educational tools, OFCCP has published a new “InfoGraphic” to assist veterans determine whether they are covered under the Vietnam Era Veteran Readjustment Assistance Act (VEVRAA).
Hawaii
Considering whether Hawaii state law would require additional consideration for a non-compete imposed mid-employment, a federal judge has held that “the Hawaii Supreme Court would not require additional consideration beyond continuing at-will employment for [post-employment] restrictive covenants.”
Class Actions - General
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report.
FLSA - Taxes
When an employer is responding to a breach of their employees’ personal information, one of the last things they may think about is whether the value of the credit monitoring or other identity protection services they make available to affected employees should be considered taxable to the employees
Alabama
When Alabama Governor Robert Bentley signed House Bill 352 into law on June 11, 2015, he repealed Alabama’s bare bones restrictive covenant statute and replaced it with a detailed codification of much of Alabama’s restrictive covenant case law. The new statute, which will become effective on January
Affirmative Action - OFCCP
As a continuation of its recent education and outreach efforts, OFCCP released a Checklist for Compliance with Section 503 of the Rehabilitation Act of 1973. The checklist was developed by the U.S Department of Labor’s Office of Disability Employment Policy (ODEP) and covers obligations under Subpar
OSHA - Record Keeping
The Occupational Safety and Health Administration has proposed a rule intended to overcome a court ruling that barred the agency from citing an employer for failing to record an injury or illness beyond the six-month statute of limitations set out in the statute. The rule, proposed July 29, would am
Arkansas
The Eight Circuit has concluded that the Arkansas Supreme Court would likely adopt the majority rule that a covenant not to compete can be assigned to the purchaser of a business. Stuart C. Irby Company, Inc. v. Tipton, No. 14-1970 and 14-2682 (8th Cir. Aug. 6, 2015) The appellate court reversed an
Washington State - General
Whenever I discuss federal law here on the blog, I usually add a disclaimer that reminds employers to check state and local laws before proceeding. With the proliferation of minimum wage increases, minding state and local laws is more important than ever. However, state laws can affect more than jus
Immigration - General
Finding that a DOL certifying officer (CO) had erred in finding the employer failed to advertise a job opportunity in a newspaper in the area of intended employment, as required by regulation, and denied a permanent labor certification, the Board of Alien Labor Certification Appeals (BALCA) has reve
HR - Drugs & Alcohol
The Minnesota Court of Appeals handed employers a rare win under the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”), upholding dismissal of a wrongful discharge case after an employee who tested positive for drugs did not comply with the recommended treatment because he wanted to