Monday, July 6, 2026Labor & Employment Law
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6399 articles on ELINFONET
Labor Law - General
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher than unionized employers for the 12-month period ending June 2022. Overall
Labor Law - Protected Concerted Activity
On August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with employees’ right to display union insignia. 371 NLRB No. 131 (Aug. 29, 2022). The NLRB’s decision i
Labor Law - General
The National Labor Relations Board (“NLRB” or “the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act (“NLRA”).
Puerto Rico
On September 1, 2022, the Financial Oversight and Management Board for Puerto Rico (“Oversight Board”) – an entity created by Congress to supervise the finances of the government of Puerto Rico and restructure its public debt – filed a federal lawsuit seeking to nullify Act 41, a law that rolled bac
Immigration - General
Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen . Under U.S. immigration law, any non-U.S. citizen who is convicted under the Controlled Substances Act
HR - General
The U.S. Supreme Court decisions that were issued in June 2022 had a significant impact on employers, and employers are now looking at implementing policies and practices in response to the decisions.
HR - Viruses
The U.S. Court of Appeals for the Eleventh Circuit has issued its Order overturning the nationwide injunction issued by the U.S. District Court for the Southern District of Georgia in Georgia v. Biden against the federal contractor COVID-19 vaccine mandate, but keeping the injunction in place for th
FLSA - General
For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S. , 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor (DOL) or through a lawsuit filed by the individual, in which a court of c
Massachusetts - General
Voters in Massachusetts may be asked whether to repeal state law granting standard Massachusetts driver’s licenses to undocumented immigrants in November. In February 2022, the Massachusetts House of Representatives passed a bill to allow undocumented immigrants to apply for standard Massachusetts d
Immigration - General
Responding to the history of legal challenges, the Biden Administration is trying to give the DACA (Deferred Action for Childhood Arrivals) program more heft by changing it from a policy to a regulation. On October 31, 2022, a new final rule will become effective. To the dismay of many advocates
California - General
Since 2021, the challenge to California’s Assembly Bill (AB) 51 (on employment arbitration) has been in limbo awaiting the U.S. Court of Appeals for the Ninth Circuit’s decision on a petition to rehear the appeal en banc . On August 22, 2022, instead of granting or denying the petition for rehearing
Title VII - EEO-1
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request for detailed EEO-1 Report employee demographic information that thousands of U.S. employers submitted from 2016 through 2020. Unless these employers submit objec
Race Discrimination
In recent years, the nation has made efforts to raise awareness of implicit bias in employment and across industry groups.
Immigration - General
For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon. USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can only send non-selection notices once it has determined that enough petitions for t
Florida - General
Invoking the “upside down world” depicted in Netflix drama, Stranger Things, the federal District Court for the Northern District of Florida blocked Florida’s Individual Freedom Act (IFA) on constitutional grounds. Honeyfund.com Inc. v. Ron DeSantis et al. , No. 4:22-cv-00227 (N.D. Fla. Aug. 18, 202
D.C. - Wage & Hour
Although District of Columbia’s Tipped Wage Workers Fairness Amendment Act was passed in 2018, parts of that law, including mandatory sexual harassment training, are just now taking effect.
HR - General
Recent Supreme Court decisions, congressional primaries and economic issues have resulted (at times) in contentious and polarizing discussions inside and outside the workplace. These recent events and related social movements remind us how tenuous the balance remains between free speech and a safe,
Immigration - Employment Eligibility
For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually over video link or by fax or email. That flexibility is set to expire on Octob
D.C. - General
The District of Columbia City Council has finalized amendments to implement the D.C. Ban on Non-Compete Agreements Amendment Act of 2020 effective October 1, 2022, and Mayor Muriel Bowser has signed D.C. Bill 24-256 .
HR - Viruses
In an effort to streamline its guidance and reflect the current state of the COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC) has issued updated guidance that focuses on individual responsibility and is designed to help the public better understand how to protect themselves an