Tuesday, July 7, 2026Labor & Employment Law
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5420 articles on ELINFONET
New Jersey - General
In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeals held that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting delivery drivers to continue with a suit claiming they were misclassified as indep
Massachusetts - General
On January 29, 2019, the Massachusetts Supreme Judicial Court held that failing to grant a lateral transfer for discriminatory reasons may constitute an “adverse employment action” that violates Massachusetts law, G.L. c. 151B. An employee may therefore be able to recover for illegal discrimination
New York - General
Devjani Mishra and Emily Haigh, of Littler’s New York City office, list their top 10 labor and employment compliance new year resolutions for businesses operating in the Empire State in 2019. They review several laws taking effect this year, offer practical guidance on how to juggle new requirements
Title VII - EEO-1
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will extend the deadline for filing 2018 EEO-1 reports from March 31, 2019 to May 31, 2019. The survey, which usually opens in early January, will now open in early March of this year. This one-time extension was occasione
OSHA - General
The U.S. Department of Labor (DOL) has published a final rule that increases civil monetary penalties the DOL assesses and enforces, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The incr
FLSA - General
2019 marks the start of Wage Watch’s third year of publication, which we will celebrate the only way we (sadly) know how: by recapping federal, state, and local developments concerning the minimum wage, tips, and overtime.
OSHA - General
The Occupational Safety and Health Administration (OSHA) recently issued a final rule rescinding major portions of its electronic reporting rule. Specifically, the rule (1) amends the recordkeeping rules for employers with 250 or more employees; (2) further clarifies OSHA’s position on post-incident
New York - General
It has never been easy for businesses to keep up with and ensure compliance with New York State’s and New York City’s employment laws, but calendar year 2018 presented a unique amount of new challenges for employers. The most significant change was the sexual harassment prevention laws the state and
Immigration - Employment Eligibility
E-Verify, the electronic immigration system that employers use to confirm employees’ eligibility to work in the United States, has resumed operation. E-Verify was unavailable during the longest federal government shutdown in history, which lasted from December 22, 2018 to January 25, 2019. As of Jan
Labor Law - Coverage
As the independent contractor versus employee status debate evolves across the United States through legislation, court decisions, and agency enforcement actions, the National Labor Relations Board (“NLRB” or “Board”) clarified its standard on January 25, 2019 in SuperShuttle DFW, Inc.1 In this deci
HR - Background Checks
Almost two years ago to the day, the U.S. Court of Appeals for the Ninth Circuit became the first appellate court to rule on the lawfulness of a liability waiver in a Fair Credit Reporting Act (FCRA) disclosure. In Syed v. M-I, the Ninth Circuit ruled that an employer acted “willfully” in violation
New Jersey - Wage & Hour
On Thursday, January 24, 2019, the New Jersey Assembly Labor Committee approved a bill (A 15) that, if passed by the legislature, would incrementally raise New Jersey’s minimum wage to $15 per hour for most workers by 2024. If effected, this bill will make New Jersey the fourth state in the nation t
Federal Gov't - EEOC
This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes th
Age Discrimination
A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination.
Massachusetts - General
On January 23, 2019, the newly-created Massachusetts Department of Family and Medical Leave (Department) released proposed regulations clarifying the rights and responsibilities of employers and employees under the new Massachusetts Family and Medical Leave Law (MFMLL). The MFMLL will require all pr
California - Restrictive Covenants
On January 11, 2019, a California federal district court issued a decision bolstering the argument that employee non-solicitation clauses are unenforceable under California law. In Barker v. Insight Global, the judge declined to interpret narrowly another recent California state court of appeal deci
Title VII - EEO-1
With the record partial government shutdown continuing and no end in sight, employers’ EEO-1 filing obligations appear to be on hold. Typically, by this time, employers that filed EEO-1 reports in the past should have received postcards from the Equal Employment Opportunity Commission (EEOC) reflect
FLSA - Hours Worked
In Reinig v. RBS Citizens, N.A.,1 a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court’s decision certifying a class of mortgage loan officers (“MLOs”) who claimed they were unlawfully denied overtime pay for work performed off-the-clock. This precedenti
OSHA - General
On January 22, 2019, the Occupational Safety and Health Administration (OSHA) published Frequently Asked Questions (FAQs) to provide guidance to general industry employers on OSHA’s final rule regulating occupational exposure to respirable crystalline silica in general industry. The rule requires em
California - Fair Employment And Housing Act
Effective January 1, 2019, California SB 1343 greatly expanded Golden State employers' anti-harassment training requirements. The law not only extends coverage to employers with more than five employees, but it also mandates that employers provide anti-harassment training to all employees – not just