Tuesday, July 7, 2026Labor & Employment Law
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5418 articles on ELINFONET
Texas
On June 6, 2017, Texas became the 47th state to enact a state-wide ban on texting while driving. The new law (HR 62) prohibits drivers from reading, writing or sending electronic messages unless the vehicle is stopped. It does not, however, prohibit dialing a number to call someone, setting a GPS de
Nevada - General
Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent shockwaves affecting noncompetition agreements employers already had in place, e
ADA - General
Over the past 18 months, the number of claims being filed over website accessibility has increased dramatically.1 Although courts continue to differ as to whether websites are places of public accommodation covered by Title III of the Americans with Disabilities Act (“ADA”), and if so, whether all w
HR - Diversity, Equity and Inclusion (DEI)
For those organizations that don’t have a dedicated Diversity & Inclusion Officer, many continue to experiment with where to house their D&I efforts. HR? Legal? Operations? Which departments are driving diversity in most U.S. organizations today, and what are the opportunities and challenges associa
Delaware
On June 14, 2017, Delaware Governor John Carney signed a new law to address the pay gap between men and women by prohibiting prospective employers from asking job applicants about their salary history. Delaware’s law, which garnered significant bipartisan support, is based on the same rationale used
Immigration - General
On June 15, 2017, the Secretary of Homeland Security announced that it was rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). DAPA provided a path for undocumented parents of children who are
HR - General
The day after senators introduced bipartisan legislation to promote apprenticeships, President Trump signed an executive order to achieve the same end. On June 15, the president signed an executive order (EO): Expanding Apprenticeships in America. This EO declares:
HR - General
Dear Littler: One of our employees here in Iowa has requested to bring a pet pig to work for “emotional support” purposes. A pig! In a factory! Do I need to entertain her request? And if so, what do I tell other employees?
Rhode Island
In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment drug test due to the employee’s use of medical marijuana. In Callaghan v. Dar
Immigration - Visas
The U.S. Citizenship and Immigration Services (USCIS) recently issued a policy memorandum directing USCIS personnel to adopt the Administrative Appeals Office’s (AAO) reasoning in Matter of I-Corp. Specifically, pursuant to Matter of I-Corp.,1 USCIS is directed to deny visa petitions that are based
FLSA - Overtime Exemptions
On June 7, 2017, a plaintiff brought a putative class and collective action against Chipotle for alleged violations of the Fair Labor Standards Act and New Jersey’s Wage and Hour Law.1 The plaintiff asserts the company misclassified her “apprentice” position as salaried-exempt in violation of state
Texas
Last month, Texas’s legislature amended the Texas Uniform Trade Secrets Act (TUTSA). These amendments expand and clarify TUTSA’s definitions, add a clarification to enjoining trade secrets misappropriation, and codify a balancing test to determine whether to exclude people from a courtroom when trad
California - General
When it comes to legislation, for California employers it's the final countdown. June 2 was the last day for bills to pass out of their house of origin. September 15 is the deadline for these bills to pass both legislative houses, and the governor will have until October 15 to sign or veto bills. Ge
California - General
Ilyse Schuman, Co-Chair of Littler’s Workplace Policy Institute, talks with Sacramento Shareholder Bruce Sarchet about two new bills pending in the California legislature dealing with the concept of equal pay for equal work. One would prohibit employers from asking about salary history during the jo
FLSA - Overtime, General
The same week the Department of Labor removed two guidance documents governing joint employment and independent contractors, it indicated it will soon reconsider two contentious rules that have been put on hold. The DOL is proposing to rescind the so-called "persuader" rule that would have expanded
Nevada - General
On May 25, 2017, the Nevada Labor Commissioner posted an Advisory Opinion1 stating that the fluctuating work week method (FWW) may be used to compensate certain nonexempt employees. The Advisory Opinion stated the FWW method of compensation is permissible for a nonexempt employee who is paid a fixed
HR - General
From the workplace policy perspective, much of the focus of the first 100 days of the Trump administration was on confirming a new Secretary of Labor and reversing the Obama administration’s labor and employment agenda. During this second 100-day period, the focus remains on rolling back the policie
Illinois - General
On July 1, 2017, the Cook County Earned Sick Leave Ordinance goes into effect. The Ordinance (at the time of this writing) provides certain employees in approximately 2/3 of the Cook County’s municipalities with paid sick time benefits.
Benefits - Fiduciary
United States Department of Labor (“DOL”) Secretary Alexander Acosta recently announced that the final DOL fiduciary regulations (the “Fiduciary Rule”) will go into effect on June 9, 2017. In an op-ed in the Wall Street Journal, Secretary Acosta noted that the current version of the Fiduciary Rule “
Nevada - General
Nevada first included sex as a protected category in 1967. That year, the legislature passed Assembly Bill No. 7, which included for the first time sex discrimination as an unlawful employment practice. Twenty-one years later, in 1989, Nevada passed legislation that required employers to provide pre