Monday, July 6, 2026Labor & Employment Law
Employment Law Information Networklocated at elinfonet.com since 2001Affiliate Firm
6399 articles on ELINFONET
FLSA - Federal Minimum Wage
The Department of Labor (DOL) has published its Final Rule implementing President Biden’s April 27, 2021, Executive Order 14026 raising the minimum wage from $10.95 an hour to $15 an hour (with increases to be published annually).
Labor Law - General
The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor Relations Act (NLRA). It appeared that some of the most aggressive of those penal
Sex Discrimination - Orientation And Identity
On October 23, 2021, the Northern District of Illinois partially denied a motion to dismiss a transgender female police officer’s lawsuit, filed under federal civil rights law 42 U.S.C. § 1983 and 740 ILCS 23/5(a) of the Illinois Civil Rights Act. In Arriaga v. Dart , No. 20 C 4498,
HR - Viruses
The U.S. Court of Appeals for the Sixth Circuit has won the much-anticipated Multi-District Litigation lottery and will get to decide the merits of the challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine Emergency Temporary Standard (ETS).
Labor Law - General
The National Labor Relations Board (NLRB), its Regions 2 (New York), 22 (Newark), and 29 (Brooklyn) and the Consulate General of México in New York have signed an agreement formalizing the relationship between the NLRB and the Mexican government.
Puerto Rico
The Puerto Rico Supreme Court has confirmed that continued employment may be valid consent to mandatory employment arbitration agreements in a matter of first impression. Aponte et al. v. Pfizer Pharmaceuticals, LLC, CC 2018-748, __ D.P.R. __ (Nov. 10, 2021). The 5-3 decision puts to rest any notion
HR - Viruses
A group of states has sued President Joe Biden and his administration challenging the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR) setting COVID-19 vaccination requirements for a range of employees working at Medicare- and Medicaid-certified providers and suppliers.
West Virginia
A private employer’s mandatory COVID-19 vaccine policy does not violate public policy under West Virginia’s common law retaliatory discharge doctrine, a federal judge has held, rejecting an employee’s claim against the employer. McCutcheon v. Enlivant ES, LLC , No. 5:21-cv-00393, 2021 U.S. Dist. LEX
Immigration - Visas
Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas , USCIS is making major policy changes. Going forward , certain H-4 spouses with pending EAD applications will be entitled to 180-day
HR - Viruses
Federal contractors and subcontractors recently received guidance from the Safer Federal Workforce Task Force when applying President Biden’s Executive Order Ensuring Adequate COVID Safety Protocols.
Immigration - General
More business immigrant visas may become available if the latest version of the Build Back Better reconciliation bill passes . If approved by the Parliamentarian and passed as it stands, the bill would make more immigrant visas available by: Recapturing unused visa numbers from 1992 to 2021; Retaini
California - Cal/OSHA
So. Cal/OSHA’s agenda for its November 18 meeting includes adopting emergency language related to “vaccines, testing and face coverings” in light of the OSHA ETS. No proposed language is available yet. Here is the link to the agenda in its current form. More to come.
Arizona
By a 65% to 35% margin, on November 2, Tucson, Arizona, voters passed Proposition 206, officially known as the Tucson Minimum Wage Act, increasing the City’s minimum wage to $15.00 an hour by 2025. In addition, the Act includes several other significant changes that will impact employers operating i
HR - Viruses
The Centers for Medicare & Medicaid Services (CMS) has issued an Interim Final Rule (IFR) establishing the COVID-19 vaccination requirements for staff employed at Medicare- and Medicaid-certified providers and suppliers.
Immigration - General
Efforts to pass “Dreamers” bills that would provide a pathway to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients have remained stagnant. In an effort to stabilize the DACA program, absent congressional action, the Department of Homeland Security (DHS) has published a propose
Labor Law - Union Organizing
Despite the low union membership rate in the private sector nationally and consistent unionization rates in the manufacturing industry in recent years, the external labor-organizing environment remains aggressive.
Oregon - General
The plaintiffs were not likely to succeed in showing their individual interests in remaining unvaccinated outweighed Oregon’s interest in public health and welfare to slow the spread of COVID-19, U.S. District Court Judge Michael Simon concluded in denying a request for a temporary restraining order
FLSA - Federal Minimum Wage
On October 28, 2021, the U.S. Department of Labor (DOL) issued a Final Rule establishing limits on the amount of time tipped employees can spend performing work that is not “tip-producing work” and still be paid at the reduced cash wage applicable to tipped employees under the Fair Labor Standards A
HR - Workplace Investigations
Real estate companies, including property management companies, brokerages, construction, and development and real estate developers, seeking to manage risks and avoid litigation must take seriously internal employment complaints, including those that raise compliance concerns.
HR - Arbitration Issues
The Ninth Circuit Court of Appeals has ruled that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even though her claims arose before she executed an arbitration agreement. In reaching this decision, the Ninth Circuit not only enforc