Wednesday, July 8, 2026Labor & Employment Law
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5423 articles on ELINFONET
Illinois - General
In line with recently passed legislation in New York and California, Illinois’ legislature rallied to create a bill that would help increase employee protections by combating discrimination and harassment in the workplace. On June 2, 2019, the General Assembly, through bi-partisan efforts, passed S.
California - General
With the resumption of the current legislative session on August 12, 2019, the California Senate Appropriations Committee briefly considered Assembly Bill 5 (AB 5), the legislature’s purported solution to the California Supreme Court's opinion in Dynamex v. Superior Court (Dynamex). In Dynamex, the
Federal Gov't - DOL
In this podcast, Littler’s Michael Lotito and Jim Paretti discuss new and expected developments at the U.S. Department of Labor. Topics include the nomination of Eugene “Gene” Scalia to be Secretary of Labor, current leadership in the Department and its regulatory agenda, and discussion of several s
Labor Law - Union Organizing
On August 7, 2019, in Kelly v. Honeywell International, the Second Circuit handed down the latest decision in a series of cases across the country on a company’s obligation to provide lifetime health care to retirees.
Rhode Island
Rhode Island has followed the recent trend of its neighboring states—including Maine, Massachusetts, and New Hampshire1—by enacting a law that largely prohibits employers from entering into noncompete agreements with their employees. The Rhode Island Noncompetition Agreement Act, R.I. Gen. Laws 28-5
New Jersey - General
On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country. As discussed below, the law substantially expands the civil and criminal recourse available for nonpayment of wages and for retaliation. Among other thing
Minnesota - General
On August 8, 2019, the Minneapolis City Council unanimously passed the Wage Theft Prevention Ordinance, creating new requirements for Minneapolis employers and giving the Minneapolis Department of Civil Rights enforcement power. If Mayor Jacob Frey signs the Ordinance as is expected, the ordinance w
Labor Law - General
On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103. The first proposed amendment would modify the Board’s blocking charge policy by establish
Benefits - ERISA
On July 15, 2019, the U.S. Court of Appeals for the Tenth Circuit touched on the new regulations governing what constitutes a “full and fair review” of a claim for benefits under the Employee Retirement Income Security Act.1 The important question at the root of the case was whether one can lose dis
FMLA - General
If I gave you a million tries, you’d never guess that the next Department of Labor FMLA opinion letter would answer the question [wait for it . . .]: Is an employee’s attendance at a child’s IEP meeting covered by the FMLA?
Puerto Rico
On August 1, 2019, just a day prior to his resignation as Governor of Puerto Rico, Ricardo Rosselló signed into law Act No. 83 of August 1, 2019 (“Act 83” or “the Act”), a very detailed leave statute applicable to public and private employers. Act 83, in general terms, provides employees with 15 day
California - General
Assembly Bill (AB) 5, currently pending in the California legislature, would impose the “ABC” test on California businesses and workers, dramatically altering the legal standards applied in evaluating whether a worker is an employee or an independent contractor. If AB 5 is enacted in its current for
Colorado - Restrictive Covenants
The Colorado Court of Appeals recently decided an issue of first impression regarding noncompetition and nonsolicitation agreements. The decision in 23 LTD v. Herman highlights an important consideration for Colorado restrictive covenants: it is the parties’ job to craft narrow agreements, and they
Title VII - General
On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative Procedure Act (APA) in issuing its 2012 Enforcement Guidance on the Considerati
Puerto Rico
Act No. 2 of October 17, 1961 (Act 2) created a procedural process for the expeditious adjudication of employment claims in Puerto Rico. Among other ways to streamline the process, Act 2 bars the employer from filing a counterclaim against the employee.1 In Bacardí Corporation v. Evaristo Torres Arr
Ohio
On July 5, 2019, Toledo, Ohio Mayor Wade Kapszukiewicz signed the Pay Equity Act to Prohibit the Inquiry and Use of Salary History in Hiring Practices. The ordinance generally prohibits employers (including the employer’s agents, and job placement or referral agencies) located within the City of Tol
Minnesota - General
Minnesota’s wage theft law, which largely went into effect on July 1, 2019, created new documentation and recordkeeping requirements for employers, including a required written notice that must be distributed to employees and additional earnings statement requirements. This new law also increased th
California - General
In this podcast, Michael Lotito and Jim Paretti of Littler’s Workplace Policy Institute discuss pending California legislation – Assembly Bill 5 or “AB 5” – which is fast-tracking its way through the state legislature. The bill would codify portions of last year’s California Supreme Court decision i
HR - General
Although most state legislatures have adjourned for 2019 or are in recess, those still in active session finalized several new employment laws in July. California advanced a bill that would codify a judicially established test for classifying workers as independent contractors, several states restri
FLSA - General
While most parts of the country were heating up in July, developments concerning the minimum wage, tips, and overtime were cooling off. Many state legislatures have adjourned or are in recess, leaving it mainly to federal and local officials to keep things interesting.