Wednesday, July 8, 2026Labor & Employment Law
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5423 articles on ELINFONET
California - General
On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied retroactively. In May 2019, the Ninth Circuit, in Vazquez v. Jan-Pro Franchis
FLSA - Overtime Exemptions
The U.S. Department of Labor unveiled its long-awaited final rule on the overtime “white collar” exemptions on September 24, 2019. The regulations, at 20 CFR Part 541, were last updated in 2004, when the DOL increased the minimum salary level for exemption from $150 to $455 per week and made changes
FLSA - Overtime Exemptions
On Tuesday, September 24, 2019, the Department of Labor published its Final Rule to the "white collar" overtime exemptions which goes into effect on January 1, 2020. With only 99 days until January 1, overtime compliance is now on the clock.
California - General
On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors rather than employees. Two recent developments may help clarify this expansive
Labor Law - Union Organizing
On September 20, 2019, the National Labor Relations Board (Board) issued a proposed rule that would exclude from the National Labor Relations Act (Act) undergraduate and graduate students at private colleges and universities who perform services in connection with their studies. Under the proposal,
FLSA - Federal Minimum Wage
The September 19, 2019 edition of the Federal Register includes the updated minimum wage rates that must be paid to workers performing work on or in connection with federal contracts covered by Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. Beginning January 1, 2020, fede
California - Wage & Hour
In ZB, N.A. v. Superior Court of San Diego County (Lawson),1 the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of California’s Private Attorneys General Act (PAGA). This ruling clarifies the scope o
California - General
On September 18, 2019, California Governor Gavin Newsom signed into law sweeping legislation—Assembly Bill 5 (A.B. 5)—that will dramatically reshape the contours of California’s workforce and economy, and potentially reclassify two million independent contractors—roughly 10% of the state’s workforce
Labor Law - Unfair Labor Practices
Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands. Many employers signatory to a collective bargaining agreement experience firsthand the restrictions of antiquated contract la
California - General
In OTO, L.L.C. v. Kho, the California Supreme Court refused to enforce an employee’s arbitration agreement on the basis that it was unconscionable. Unconscionability has long been a common-law defense to contract enforcement. What makes OTO v. Kho problematic for employers is the court’s weakening o
HR - Hiring Process
In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring process.1 Employers can take advantage of a growing range of AI-based methods
California - General
Friday, September 13, 2019, was a lucky day for employers. Just hours before California’s 2019 legislative session ended, the California Assembly approved a bill (A.B. 25) that, if enacted, would substantially narrow the application of the California Consumer Privacy Act (“CCPA”) to employers. Under
Sex Discrimination - General
Dear Littler: A long-term San Francisco-based employee with our company is returning soon from maternity leave. In discussing her return date, she requested accommodations for expressing breast milk at work. After working with our human resources manager, we decided to install a lock on her office d
Labor Law - General
On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and charitable organizations to fundraise on their property must also allow non
California - General
This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019.
FMLA - General
Earlier this year, the Department of Labor made clear in an opinion letter that neither an employee nor an employer may decline FMLA leave where an eligible employee is absent for an FMLA-qualifying reason. As the DOL noted in this March 2019 opinion letter, this is particularly true even where the
Multinational Employers
In his Employment Issues column, Philip Berkowitz discusses issues surrounding global workplace harassment investigations. Because U.S. anti-harassment policies were engineered for the U.S. at-will employment environment, simply exporting these tools into overseas investigations may cause problems.
Labor Law - General
In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a long-term employee for egregious strike-related misconduct. As the second f
Labor Law - Bargaining Units
On September 9, 2019, the National Labor Relations Board (NLRB) issued its decision in The Boeing Company, 368 NLRB No. 67 (2019), clarifying an earlier ruling and reinstating the traditional community of interest standard for bargaining unit determinations.
New York - Human Rights Law
In recent years both New York State and New York City have actively amended their anti-discrimination laws to expand worker protections. For example, both the state and city have passed laws requiring most employers to distribute anti-sexual harassment policies and to provide anti-harassment trainin