Tuesday, July 7, 2026Labor & Employment Law
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5418 articles on ELINFONET
Colorado - General
In 1982, the first compact discs were introduced, the Weather Channel debuted, the first artificial heart was successfully implanted in a human patient, and Colorado first enacted its statute governing covenants not to compete, section 8-2-113, C.R.S. Since then, to say that business and technology
FLSA - Industries and Occupations
The Fair Labor Standards Act (FLSA) requires employers to pay overtime compensation to covered employees, but exempts from overtime numerous categories of workers. Traditionally, these exemptions have been construed narrowly against the employer asserting them. Not anymore.
HR - Background Checks
Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The company has settled a threatened nationwide class action lawsuit arising unde
Pennsylvania - General
A recent Pennsylvania Supreme Court decision has upheld that successful plaintiffs are entitled to non-economic damages under Pennsylvania’s Whistleblower Law, 43 P.S. §§1421-1428 (the “Law”). In Bailets v. Pa. Turnpike Commission, 126 MAP 2016, J-91-2017, Pennsylvania’s high court affirmed an award
HR - General
While the surge of state-level legislation introduced in the first quarter of 2018 has waned, some significant labor and employment bills are advancing through their legislative chambers. In March, over 300 labor and employment bills were actively considered at the state and local levels, but only a
HR - General
With uncanny prescience, Lewis Carroll captured the vibe of the last year when he wrote: "If I had a world of my own, everything would be nonsense. Nothing would be what it is, because everything would be what it isn't. And contrary wise, what is, it wouldn't be. And what wouldn't be, it would. You
West Virginia
On March 21, 2018, West Virginia Governor Jim Justice signed into law House Bill 4187, referred to as the Business Liability Protection Act, which limits an employer’s ability to prohibit the lawful possession of firearms locked in vehicles parked in company parking lots. Previously, employers and o
California - General
In 2014, San Francisco enacted its ban-the-box law, which significantly restricted the ability of employers to inquire into, and use, criminal records for hiring and other employment purposes.1 This Fair Chance Ordinance (FCO) lists specific types of convictions and information that employers can ne
FLSA - General
Never mind the Ides of March, for employers with tipped employees: beware the federal budget process. Presumably no one’s March Madness bracket had federal Fair Labor Standards Act (FLSA) amendments going to, let alone winning, D.C.’s “big dance.” How this Cinderella story plays out remains to be se
Michigan
On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prohibits local governments from regulating the information employers can request from prospective employees during the interview process. Public Act 84 amends the Local Government Labor Regulatory Limitation Act (MCL §123.1384), pa
Affirmative Action - Veterans
On March 30, 2018, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that it was lowering the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark to 6.4 percent from 6.7 percent. The change applies to affirmative action plan (AAP)
FMLA - General
A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification.
Wisconsin - General
In recent years, cities, counties, and other local government bodies across the country have enacted ordinances increasing the minimum wage, granting paid and unpaid sick leave, placing restrictions on how employees are scheduled, and requiring employers to enter into “labor peace agreements” with u
New Jersey - General
On March 26, 2018, the New Jersey legislature enacted amendments to existing statutes substantially expanding pay equity protections for New Jersey employees and giving rise to significant compliance and defense burdens for New Jersey employers. Newly elected Governor Phil Murphy is expected to sign
Immigration - Visas
On March 21, 2018, USCIS announced that it will again temporarily suspend premium processing for all fiscal year (FY) 2019 cap-subject H-1B petitions. For an additional filing fee, premium processing allows employers to request faster processing of certain employment-based petitions and applications
Puerto Rico
On March 21, 2018, the Governor of Puerto Rico announced his “Initiative to Reform the Labor Force,” with the express goal of increasing the employment rate. Standing alongside the presidents of the Senate and House of Representatives, the Governor anticipated this Initiative would include: eliminat
Benefits - ERISA
With its en banc decision in Ariana v. Humana Health Plan of Texas,1 the Fifth Circuit reconsidered the standard of review in an ERISA denial of benefits case.
Puerto Rico
The Puerto Rico Supreme Court (“PRSC”) recently issued an Opinion in the case of Roldán Flores v. M. Cuebas, 2018 TSPR 18, 199 D.P.R. __ (Feb. 6, 2018), in which it addressed again the requirements for applying the “successor liability doctrine.”1 The PRSC held that prior to applying the successor l
Colorado - General
The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado.1 In Hernandez v. Ray Domenico Farms, Inc., No. No. 17SA77, 2018 WL 1146468 (Colo. Mar. 5, 2018) (“Hernandez”), the court held that claims under Colorado’s Wage Claim Act (the
Sex Discrimination - Orientation And Identity
The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII of the Civil Rights Act of 1964 (Title VII).1 While the