Sunday, July 5, 2026Labor & Employment Law
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6399 articles on ELINFONET
FLSA - Employees Covered
How should an employer determine whether unpaid interns at a for-profit employer are employees under the Fair Labor Standards Act entitled to compensation for services provided?
FLSA - Waiver and Release
Bringing some degree of clarity to the murky question of whether parties can dismiss a pending FLSA lawsuit on their own volition, the Court of Appeals for the Second Circuit has ruled that any dismissal with prejudice requires “the approval of the district court or the DOL to take effect.” Cheeks v
ADA - Direct Threat
A depressed employee who was fired for threatening to kill his co-workers was not a qualified individual entitled to protection under the Americans with Disabilities Act, as the employee could not perform essential job functions, with or without an accommodation, a federal appeals court in San Franc
Title VII - General
At the end of the Supreme Court’s term in June, we blogged about a housing discrimination case that might be used by employers to limit disparate impact liability. Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015). Less than two months later, a
Federal Gov't - EEOC
Highlighting just how far the Equal Employment Opportunity Commission investigative powers can go, a staffing firm under agency investigation for purportedly handling clients’ job requisitions that are facially discriminatory has been ordered to comply with an EEOC subpoena seeking the names of all
Affirmative Action - OFCCP
Shortly after the U.S. Department of Labor and Federal Acquisition Regulatory Council extended the public comment period for pending proposals implementing Executive Order 13673, a group of Senate Republicans requested the U.S. Department of Labor withdraw its proposed guidance.
Florida - General
Effective October 1, 2015, Florida’s Computer Abuse and Data Recovery Act (Sections 608.801- 668.805, Florida Statutes) (CADRA) provides a new remedy to employers and other businesses that suffer harm or loss due to unauthorized access to their computers or to information stored on their computers.
FLSA - Overtime Exemptions
An employee for an automotive and truck parts company is an exempt outside salesperson under the FLSA and the New York Labor Law, despite allegations that he was only a service technician, the Court for the Eastern District of New York rules. Domenech v. Parts Auth., Inc., 2015 U.S. Dist. LEXIS 1012
Benefits - General
Five years ago, Chief Justice Roberts observed: “People make mistakes. Even administrators of ERISA plans.” Conkright v. Frommert, 559 U.S. 506, 509 (2010). Four years ago, searching for a mechanism to provide monetary relief for such mistakes under ERISA, the Supreme Court reached into the desiccat
Labor Law - General
A bulletin on employment, labor, benefits and immigration law for employers.
Benefits - ACA
An “applicable large employer” is subject to a penalty if either (1) the employer fails to offer to its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage (MEC) under an eligible employer-sponsored plan and any full-time employee obtains a subsidy for
New Jersey - Whistle Blowers
In a decision that is likely to have far-reaching impact on employers, the New Jersey Supreme Court has rejected a heightened standard for “watchdog” employees, i.e. employees whose job duties include ensuring legal compliance, to prove whistleblower liability under the New Jersey Conscientious Empl
Labor Law - Collective Bargaining
An administrative law judge of the National Labor Relations Board has rejected the contention of the NLRB’s General Counsel that an employer bargained in bad faith by refusing to agree to the union’s “union security” (requiring all employees to join the union) and “dues checkoff” (requiring employee
Affirmative Action - OFCCP
Compensation – it’s on everyone’s mind and it’s what everyone was talking about at the 33rd Annual ILG National Conference in New York City. Conference attendees, government officials and practitioners alike were all talking about pay and the tools available to employers and agencies to identify and
Class Actions - General
ERISA neither expressly nor impliedly prohibits mandatory arbitration of claims. Numerous courts that have analyzed the purpose of both ERISA and the Federal Arbitration Act (“FAA”) have held that ERISA claims are arbitrable. And while the Supreme Court has not spoken directly to the issue, the Cour
New York - Wage & Hour
In prior posts, we have summarized the New York State Department of Labor’s most recent rulemaking processes, comprised of two separate wage boards. The first, in 2014, addressed the hospitality industry as a whole, while more recently, in 2015, another highly publicized wage board addressed the sub
Affirmative Action - OFCCP
As first reported in the New York Times today, the White House, in connection with the U.S. Department of Labor, is working on an executive order requiring federal contractors to provide paid sick leave to their workers. While a copy of the order was not made available, the article detailed some of
OSHA - General
The Occupational Safety and Health Administration’s efforts to address workplace violence in the healthcare industry have received a boost from a recent administrative law judge’s decision affirming OSHA citations following an employee’s death at work and, in another case, from an OSHA settlement ca
OSHA - General
The Mine Safety and Health Administration has introduced a pair of initiatives, one in response to a recent increase in fatalities in the metal/nonmetal (M/NM) sector of mining, and the other following a report by an agency watchdog, which concluded MSHA could do more to address alleged
California - General
An arbitration clause in a consumer agreement was enforceable, including the class action waiver, despite four supposedly one-sided arbitration provisions in the agreement, the California Supreme Court has held. Sanchez v. Valencia Holding Co., LLC, No. S199119 (Aug. 3, 2015). The much-anticipated d