Tuesday, July 7, 2026Labor & Employment Law
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5418 articles on ELINFONET
Sexual Harassment - Employer Liability
After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. While the federal government has focused on settlement and arbitration agreements, state governments have attempted a variety of techniq
Immigration - General
U.S. Immigration and Customs Enforcement’s former acting Director, Thomas Homan, indicated last fall that he wanted to quadruple worksite enforcement, and ICE is on track to do so. ICE recently announced it performed 3,510 worksite enforcement actions between October 1, 2017 and May 4, 2018. During
Affirmative Action - General
On May 18, 2018, the U.S. Office of Federal Contract Compliance Programs (OFCCP) issued a directive ending uncertainty as to whether efforts to audit TRICARE participants will resume in 2019 and signaling an encouraging willingness to reconsider the agency’s prior positions on this issue. Directive
FLSA - Overtime Exemptions
It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving that an exemption to the FLSA applies. One such exemption – common in the tra
Immigration - Visas
The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) have partnered to establish a framework to efficiently manage and maintain information sharing to better detect and eliminate fraud, abuse, and discrimination. The goal of the framework is to protect U.S. workers from
Vermont
On May 11, 2018, Vermont Governor Phil Scott signed legislation restricting employers from making salary history inquiries. The new law, H. 294, effective July 1, 2018, prohibits asking a prospective, current, or former employee about or seeking information regarding his or her compensation history.
California - Wage & Hour
On May 7, 2018, the San Francisco Office of Labor Standards Enforcement (OLSE) published revised rules concerning the city’s generous Paid Sick Leave Ordinance (PSLO). The new rules come more than 10 years after the original groundbreaking rules were published in 2007. In the interim, a statewide pa
FLSA - Employees Covered
Dear Littler: I work in the corporate office of a national retailer. We plan to hire several local student interns to work for us this summer, primarily in accounting and marketing. We enjoy sponsoring this program, and it works out well. In fact, in the past, we have hired a handful of summer inter
HR - Corporate Accountability
The following scenario is more common—and more troubling—than ever before. A high-ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets stealthily collects confidential information belonging to the employer.
Federal Gov't - General
The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. These semiannual agendas provide insight into federal agency priorities for the coming year. While the list of upcoming rules
HR - General
On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"). This case – Jesner v. Arab Bank1– appears to eliminate the ATS as a vehicle for plaintiffs to bring claims against f
FMLA - General
When it comes to administering FMLA, I’ll admit — I have grown cynical and hardened. Like a doctor who becomes desensitized to blood and guts, I, too, have become desensitized to an employee’s antics while on FMLA leave.
Immigration - Visas
The United States Citizenship and Immigration Services (USCIS) recently made subtle changes to its eligibility definitions for companies seeking to employ STEM OPT F-1 visa holders. The subtle changes have major implications for employers, including staffing companies and companies that place employ
California - General
In a groundbreaking new decision, the California Supreme Court announced a significant change in independent contractor law, adopting a modified “ABC” test for determining whether an individual is an employee under the Wage Orders.1 This new independent contractor test is modeled on Massachusetts’ i
HR - General
Employers are feeling some regulatory relief following a year that brought several changes to workplace policy, but are also grappling with the uncertainty these shifts have created. Sweeping regulatory changes have left them to redesign policies and strategies that had only recently been updated, w
HR - Diversity, Equity and Inclusion (DEI)
Dear Littler: Our boss is really pushing for us to increase our number of diverse employees. I see his point—we are a predominantly white and male workforce, though we have more than 150 workers. My managers had a meeting to set some hiring targets and now we are evaluating some recruiting ideas. We
HR - General
May begins the legislative homestretch for a number of states. Nearly half of the state legislatures have adjourned for the year, and another nine are expected to end their sessions by the end of the month. As a result, only about 30 new bills and ordinances were introduced in April, down from the h
FLSA - Federal Minimum Wage
It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. The U.S. Supreme Court issued a decision that will impact federal Fair Labor Standards Act (FLSA) exempt classification litigation, federal wage a
Puerto Rico
Last month, we reported that the Governor of Puerto Rico announced his “Initiative to Reform the Labor Force,” which would have created significant employment law changes to increase the employment participation rate on the Island. One week later, on March 28, 2018, in response to strong opposition
Class Actions - Wage & Hour
In many suits filed as collective actions under the Fair Labor Standards Act (FLSA), individuals hoping to join the action as opt-in plaintiffs submit consents to join the lawsuit even before the named plaintiff moves for conditional certification of the collective. Companies and courts are often un