Tuesday, July 7, 2026Labor & Employment Law
Employment Law Information Networklocated at elinfonet.com since 2001Affiliate Firm
5418 articles on ELINFONET
Sex Discrimination - Title IX
The U.S. Court of Appeals for the Sixth Circuit's recent decision in Doe v. Miami University, No. 17-3396, 2018 WL 797451 (6th Cir. Feb. 9, 2018), provides both comfort and caution for universities facing claims of discrimination or bias in the conduct of their disciplinary proceedings relating to s
New Mexico
In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New Mexico Human Rights Act. The court held that a plaintiff in a “so-called reverse
California - Wage & Hour
The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period.1 In Alvarado v. Dart Container Corp. of California, there was no dispute that the bonus needed to be factor
Immigration - General
On March 6, 2018, the U.S. Department of Justice filed a lawsuit challenging California’s Immigrant Worker Protection Act (Assembly Bill 450), among other laws designed to limit the extent state law enforcement and prisons may cooperate with the Department of Homeland Security, U.S. Immigration and
New York - General
The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are employed by third-party agencies had to be paid for every hour of the shift and
HR - General
Dear Littler: One of our employees noticed bedbugs in our office. Word is getting around, and people are freaking out. Based on where we found them, we believe we can identify the employee who introduced them to the workplace. What do we do now?
Benefits - HSAs
On March 5, 2018, the Internal Revenue Service released Rev. Proc. 2018-18 under Internal Revenue Bulletin No. 2018-10, reducing from $6,900 to $6,850 the maximum amount an individual with family coverage may contribute to a Health Savings Account (HSA) for the 2018 calendar year. The $50 reduction
Federal Gov't - DOL
On March 6, 2018, the U.S Department of Labor's Wage and Hour Division announced its new Payroll Audit Independent Determination (PAID) program. Initially being rolled out as a six-month pilot program, PAID provides employers with a unique opportunity—and indeed, motivation—to proactively address po
Massachusetts - Anti-Discrimination Statute
The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions (the “Overview”) regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018. The Overview answers many questions that employers have been asking about this wide-ra
HR - General
State and local lawmakers introduced over 250 new labor and employment bills in February, and considered hundreds of others in various stages of the legislative lifecycle. Many topics covered by these measures are familiar, including paid leave, criminal history, predictive scheduling, and minimum w
FLSA - General
February may be the shortest month of the year, but what it lacked in days it made up with minimum wage and overtime developments at the federal, state, and local levels.
FMLA - General
Porn and the FMLA. This has all the makings of one big, fat men’s soap opera.
Federal Gov't - EEOC
This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, 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 the EEOC's successes, setba
HR - General
Telecommuting used to be rare because it used to be almost impossible. Before today’s sophisticated workplace information technology, logistical challenges made it tough for a “lone wolf” employee to work remotely from home, disconnected, out-of-touch, inaccessible and isolated from the workplace, a
HR - Background Checks
The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its intention to do so and obtain the individual’s authorization (known as the “st
Immigration - Visas
The U.S. Citizenship and Immigration Services (USCIS) has published a memorandum establishing its policy relating to H-1B petitions filed for employees who will be working at one or more third-party worksites. The newly released guidance supersedes two previous memos, which required USCIS to make re
Sex Discrimination - Orientation And Identity
On February 26, 2018, a majority of the entire U.S. Court of Appeals for the Second Circuit held, in Zarda v. Altitude Express Inc., that Title VII prohibits workplace discrimination on the basis of sexual orientation. With this ruling, the Second Circuit becomes the second federal appellate court t
HR - Whistleblowing
On February 21, 2018, the U.S. Supreme Court issued its decision in Digital Realty Trust, Inc. v. Somers, Case No. 16–1276, resolving a circuit split on whether the Dodd-Frank Act (“Dodd-Frank” or the “Act”) requires employees to report externally to the SEC in order to be protected by the Act’s ant
Sexual Harassment - Employer Liability
Dear Littler: I am a senior HR manager at a mid-sized company. One of our female team members just reported her manager, a vice president, for inappropriate conduct. She claims that what started out as mild flirtation on his part has progressed to outright sexual solicitation and unwelcome physical
HR - General
Last month, we focused on what courageous steps organizations will have to take in response to emerging cultural shift reflected in movements that include “#MeToo” and “Times Up.” However, if meaningful culture change is going to ever happen, is too much of the national conversation focused on what