Monday, July 6, 2026Labor & Employment Law
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5417 articles on ELINFONET
New York - Human Rights Law
Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally adopted, the Act required one building service contractor taking over another
FMLA - General
Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday. Cleaning floors causes him a great deal of stress, which in turn exacerbates his medical co
Labor Law - Bargaining Units
In a widely anticipated decision, the National Labor Relations Board has reversed its 2004 decision in Oakwood Care Center,1 and determined a union seeking to represent employees in a bargaining unit composed of employees solely employed by a “user employer” (a company that hires temporary workers)
Multinational Employers
Since the European Court of Justice declared invalid, on October 6, 2015,1 the Safe Harbor agreement between the U.S. Department of Commerce and the European Commission for the transfer of personal data, hundreds of U.S. multinationals have been struggling to find an alternative while waiting hopefu
HR - General
The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite executives from a range of industries. As employers continue to grapple with mo
OSHA - General
The Occupational Safety and Health Administration (OSHA) is the government agency tasked with setting and enforcing workplace safety standards. As part of the Department of Labor, OSHA has recently seen a great deal of regulatory activity. WPI Co-Chair Ilyse Schuman interviews Ben Huggett, a shareho
Benefits - ERISA
On June 30, 2016, the U.S. Department of Labor (“DOL”) issued an interim final rule that significantly increases various penalties under the Employee Retirement Income Security Act of 1974 (“ERISA”). The interim rule is the result of a 2015 amendment to the Federal Civil Monetary Penalties Inflation
Pennsylvania - General
On July 1, 2016, the Philadelphia Wage Theft Ordinance went into effect. The Ordinance creates a new avenue for complaints alleging nonpayment of wages or “wage theft,” and the position of “Wage Theft Coordinator” to facilitate enforcement.
HR - General
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The July edition of the Insider Report includes a discussion of legislative and litigation efforts to block recent federal agency rulemakin
FLSA - Overtime Exemptions
On June 30, 2016, President Obama signed the Puerto Rico Oversight, Management, and Economic Stability Act (S. 2328), commonly known as “PROMESA.” This measure, which was enacted with bipartisan support, effectively delays application of the U.S. Department of Labor's (DOL) new overtime rule to empl
OSHA - General
The two-year bipartisan budget President Obama signed on November 2, 2015, required OSHA to raise its citation penalties for the first time in 25 years. Since 1990, OSHA has been one of only three federal agencies that were specifically exempted from a law that required federal agencies to raise the
Benefits - Deferred Compensation
The Internal Revenue Service recently issued proposed regulations under Section 457 of the Internal Revenue Code (the “Code”) that prescribe rules regarding deferred compensation plans sponsored by state and local governments and tax-exempt organizations. These regulations relate primarily to the ta
FLSA - Industries and Occupations
The U.S. Court of Appeals for the Fifth Circuit concluded on June 14, 2016 that an employer may not deduct more than the actual credit card fees associated with liquidated credit card tips for employees without compromising the tip credit taken by the employer against the employee’s wages. Steele v.
FMLA - Intermittent Leave
Thanks again to those who attended my June 23 webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in early May 2016. If you missed the program, you can access the webinar and materi
HR - General
On June 20, 2016, the U.S. Equal Employment Opportunity Commission released a 130-page report (“the Report”)1 on harassment in the workplace. The Report contains 45 specific recommendations and identifies 12 “risk factors” concerning workplace harassment and its prevention. Notably, the Report devot
ADA - Reasonable Accommodation
Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in early May 2016. If you missed the program, you can access the webinar and ma
Labor Law - General
On June 27, 2016, the District Court for the Northern District of Texas issued a nationwide injunction enjoining the Department of Labor’s (DOL) Persuader Rule, 81 Fed. Reg. 15924.1 In reaching this conclusion, the court explained, “the [Persuader Rule] is defective to its core because it entirely e
California - General
In California, signatures are being gathered in support of the “Control, Regulate and Tax Adult Use of Marijuana Initiative.” The initiative is likely to qualify for the November 2016 ballot and, if passed by the voters, could legalize the recreational use of marijuana in California. In this podcast
FLSA - Industries and Occupations
On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact.1 The Home Care Rule has extended minimum wage and overtime requirements to the vast maj
Affirmative Action - General
On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college admissions, and had the potential to call into doubt the legality of federal affirm