Tuesday, July 7, 2026Labor & Employment Law
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5418 articles on ELINFONET
HR - Background Checks
In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.”1 The guidance concerns how, in the EEOC’s view, Title VII restricts
FLSA - Industries and Occupations
A recent federal court decision has added to the confusion surrounding the application of the U.S. Department of Labor's (DOL) "home care" overtime rule and New York's "13-hour" rule regarding compensable work hours for certain home care aides. In De Carrasco v. Life Care Services, Inc., 2017 WL 640
Labor Law - General
As part of the National Labor Relations Board’s spate of recent decisions reversing Obama-era Board precedent, on December 15, 2017, the Board in PCC Structurals, Inc., 365 NLRB No. 160 (2017) overturned Specialty Healthcare, 357 NLRB No. 83 (2011), reinstating the Board’s prior standard for determi
Labor Law - General
As anticipated, the new National Labor Relations Board Republican majority has begun a dramatic shift in labor policy.1 As the clock ticked down on Chairman Philip Miscimarra’s term, which expired on December 16, 2017, and with uncertainty as to when the Republicans will regain their majority status
FMLA - Fitness For Duty
Thanks to those who attended my webinar last week with Matt Morris on “Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition.” A link to the recording can be found here, and the presentation can be downloaded here.
HR - General
The first significant piece of legislation to make it to President Trump's desk, the Tax Cuts and Jobs Act (H.R. 1), includes an employer tax credit for providing paid family and medical leave, elimination of a business expense deduction related to nondisclosure agreements, repeal of the Affordable
HR - Employee Handbooks
On December 14, 2017, the National Labor Relations Board issued an important decision in The Boeing Co., 365 NLRB No. 154 (2017), where the Board’s new three-member majority established a new standard for evaluating the validity of employer rules, policies, and handbook provisions under the National
Massachusetts - Anti-Discrimination Statute
On December 12, 2017, Prince George’s County, Maryland enacted Bill Number CB-87-2017, which mandates that covered employees be allowed to accrue and use paid leave for absences connected to domestic violence, sexual assault, or stalking. For employers covered by one or more paid sick and safe time
Labor Law - General
On December 14, 2017, just two days before the end of Chairman Philip Miscimarra’s term, the new Republican majority at the National Labor Relations Board continued its shift in labor policy and issued yet another reversal of significant Obama-era precedent. Specifically, the Board issued a 3-2 deci
California - General
Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, review the status of the California Private Attorney Generals Act, which authorizes employees to recover penalties for many Labor Code violations. They discuss how PAGA currently operates, explore open questions concer
Federal Gov't - General
The Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda"), released on December 14, 2017, indicates agencies are taking a hard look at existing rules, and treading lightly with new ones. The fall regulatory agenda outlines each agency's rulemaking efforts
Puerto Rico
As previously discussed, on October 4, 2017, the Puerto Rico Department of the Treasury (the “PR Treasury”) issued Administrative Determination No. 17-21 (“AD 17-21”) granting temporary income tax exemption for payments considered “Qualified Payments made for Disaster Assistance” related to the rece
Immigration - General
The Secretary of the U.S. Department of Homeland Security has the authority to grant Temporary Protected Status (TPS) to eligible foreign-born individuals who are unable to return home for certain safety-related reasons. TPS may be designated to a foreign country when there are circumstances in the
HR - Holiday Parties
The end of the year brings many reasons to celebrate, and most employers intend to make merry by hosting a holiday party of some sort. This occasion presents an opportunity for employers to foster team spirit and express appreciation for the hard work performed by staff all year. In turn, employees
Puerto Rico
On December 6, 2017, the Puerto Rico Secretary of the Department of Labor and Human Resources (“Secretary”) published the proposed Regulation to Administer Act No. 379 of May 15, 1948, as amended, known as Puerto Rico’s Working Hours and Days Act. On the same day, the Puerto Rico Department of Labor
California - General
While parts of Northern California are still reeling from damaging wildfires there two months ago, multiple fires are currently threatening Santa Barbara/Ventura, Los Angeles and Northern San Diego Counties. Fueled by high winds, the Southern California blazes are far from being contained. Without a
FLSA - General
As employers wait to see whether – and to what extent – the U.S. Department of Labor will revise the minimum amount they must pay to executive, administrative, and professionals for exemption from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements, state-law rates for these
Immigration - General
On December 4, 2017 the U.S. Supreme Court stayed the restraining orders against President Trump’s travel ban.1 The stay means that the September 24, 2017 presidential proclamation restricting travel into the U.S. from eight countries has gone into full effect until a decision is rendered on pending
Sexual Harassment - General
The 2017 tsunami of high-profile sex harassment allegations against politicians, entertainers and news reporters has employers rethinking their approach to eradicating workplace harassment. And this issue is global—the news stories splash across media outlets worldwide and the conversation is everyw
FLSA - Hours Worked
Dear Littler: We are going to replace the punch-card timeclocks in our U.S. facilities with timeclocks that allow employees to “clock in” each day using their fingerprint. I’ve read about a flood of recently filed class action litigation against companies that collected biometric information and und