Sunday, July 5, 2026Labor & Employment Law
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Connecticut - General
This 2015 update reflects the revisions the Connecticut Legislature passed to the law (eff. 01/01/15) and the associated revisions the Connecticut Department of Labor made to its Guidance.
Illinois - Restrictive Covenants
Since the much-discussed Fifield case from the Illinois appellate court two years ago, all that could be said with confidence was that, unless someone was employed for at least two years after signing a restrictive covenant agreement, its enforceability was highly questionable. Practitioners in Illi
Washington State - Wage & Hour
Like all compensation methods, piece rate compensation plans – under which an employee is compensated based on the number of “pieces” he or she generates or completes – must be analyzed for wage-and-hour compliance. For example, under federal law, minimum wage generally is due for all hours worked,
Immigration - General
U.S. Customs and Border Protection (CBP) has announced that it will begin collecting biographic and biometric data from some foreign national travelers in a test program when they depart the United States at Atlanta’s Hartsfield-Jackson International Airport
HR - Sick Leave
Montgomery County, MD and Oregon passed it. California had passed it, then amended it within days after its effective date. In Massachusetts, the Attorney General issued regulations to implement it, and a court said the National Labor Relations Act does not preempt it. North Carolina, Maryland and N
California - Fair Employment And Housing Act
On July 16, 2015, AB 987 was signed into law by the Governor Jerry Brown which provides a paradigm shift in favor of employees with respect to their retaliation claims. The new law overturns the retaliation holding in Rope v. Auto-Chlor System of Washington, Inc. (2013) 220 Cal.App.4th 635, and make
Affirmative Action - OFCCP
Following announcement of a two-week extension of the public comment period for proposals implementing Executive Order 13673, on July 15, 2015, a group of Congressional Chairs submitted a letter to the U.S. Department of Labor and the Federal Acquisition Regulatory Council requesting the agencies wi
Lawyering - Discovery
When federal agents execute a warrant for paper documents during an investigation of a company, they generally seize only the documents in the warrant and leave the rest of the physical documents behind. Where it is not practical to search on site, the law permits them to take all the records and re
California - Wage & Hour
On July 15, Governor Jerry Brown signed into law AB 202, which requires California-based minor or major league sport teams in certain sports to treat cheerleaders as employees, not independent contractors.
North Carolina - General
The protection of property, be it patient records, financial information, consumer data, merchandise, or intellectual property, is a serious issue for North Carolina companies of all sizes. Beginning on January 1, 2016, North Carolina employers will be able to recover monetary damages resulting from
Puerto Rico
A former employee cannot sue individual members of a corporation’s board of directors for breach of an employment contract and negligence in execution of fiduciary duties, where: 1) the individual board members are not parties to the employment contract; and 2) the employee and his relatives are not
Labor Law - Unions
As we previously observed here, no cases that were invalidated by the United States Supreme Court in Noel Canning v. NLRB remain for the National Labor Relations Board to decide.
OSHA - General
We are pleased to bring you our Workplace Safety and Health Update. With experienced OSHA and MSHA attorneys located strategically throughout the nation, Jackson Lewis is uniquely positioned to serve all of an employer’s workplace safety and health needs.
FLSA - Employees Covered
As previously promised, the Department of Labor today issued its eighth Administrator’s Interpretation (“AI”) since the 2010 implementation of this form of guidance. Today’s Interpretation, as expected, reflects the current Department’s position that the governing analysis is the economic realities
Lawyering - Discovery
This is part three of the continuing series on two-filter document culling.
HR - Drugs & Alcohol
The National Safety Council (“NSC”) has published a report entitled Prescription Pain Medications: A Fatal Cure For Injured Workers, urging employers to educate employees about the dangers of using opioid pain medications – such as addiction and death – while also taking steps to avoid potential lia
FLSA - Employees Covered
The US Department of Labor (DOL) today issued a new "administrator's interpretation" intended to help employers figure out whether to treat workers as employees or independent contractors under the Fair Labor Standards Act (FLSA).
California - General
Significant amendments to California’s Healthy Workplaces, Healthy Families Act of 2014, also known as the California Paid Sick Leave Law, went into effect immediately upon Governor Jerry Brown’s signature on Assembly Bill no. 304 on July 13, 2015.
FLSA - Commissions
This blog has stressed (most recently here and here) the importance of carefully drafting incentive compensations plans to avoid unintentionally converting incentive compensation into earned “wages” protected under state law. Another recent decision, this one from the Court of Appeals for the Sevent
Hawaii
Departing from the state’s normally pro-employer laws and judicial attitudes regarding non-compete covenants, a new law bars high-tech companies in Hawaii from requiring their employees to enter into “non-compete” and “non-solicit” agreements as a condition of employment. The new law, Act 158, went