Monday, July 6, 2026Labor & Employment Law
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5417 articles on ELINFONET
Title VII - General
On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately remanded the case to the Eighth Circuit on other grounds, it unanimously held
HR - General
Although this election season may feel endless, there are only six more months until voters decide the next president and members of Congress. Within this window, federal agencies are scrambling to finalize rules before the next administration takes hold.
HR - General
On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to file a lawsuit in federal court (i.e., satisfy the “injury-in-fact” requirem
California - General
The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills have moved beyond their initial policy committees, and many have passed the
FLSA - Overtime Exemptions
By now, most employers are aware that new DOL regulations concerning white collar exemptions to the Fair Labor Standards Act are imminent. The DOL’s final regulations may introduce sweeping changes that will affect employers and employees nationwide, possibly allowing as few as 60 days to comply. Li
OSHA - Record Keeping
Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’ compensation claims. For those employers, the legal landscape may have shifted on
FLSA - Overtime Exemptions
With publication of the Department of Labor's final overtime rule imminent, Littler Principal Tammy McCutchen testified before the Senate Committee on Small Business and Entrepreneurship on May 11, 2016, about how the proposed changes will disproportionately and negatively impact small businesses an
HR - Background Checks
On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the Fair Credit Reporting Act.1 As the name suggests, the publication surveys
HR - Workplace Investigations
Internal investigations are not new in human resources. Employee complaints of sexual harassment or discrimination, or of retaliation for making these complaints, have provided healthy fodder for internal workplace investigations for many years.
OSHA - Record Keeping
In keeping with Assistant Secretary of Labor Dr. David Michaels’ promise to “shame” employers into compliance, on May 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule on electronic reporting of workplace injuries and illnesses.1 Under this rule, OSHA will b
ADA - Reasonable Accommodation
On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act of 1990 (ADA). This document consolidates existing guidance by the
ADA - Reasonable Accommodation
For years, employers across America have been clamoring for guidance from the EEOC about how they should manage an employee’s request for extended or intermittent leave from work and how much leave is considered as a reasonable accommodation under the ADA. This week, employers received an answer.
Vermont
On May 3, 2016, Vermont Governor Peter Shumlin signed a bill into law that prohibits most employers from requesting criminal history information on an employment application. The law adds a new section to the state statutory provisions on “unlawful employment practices.” Vermont’s new law continues
Pennsylvania - General
On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania.
FLSA - Overtime Exemptions
The wait is nearly over to find out what the Department of Labor’s final rule revising white collar overtime exemption regulations will require. In this podcast, Littler shareholder, Tammy McCutchen, Esq., discusses the likelihood of different changes, as well as the potential timing of the Final Ru
Minnesota - Human Rights Act
Recently, the Minnesota Court of Appeals, in Peterson v. City of Minneapolis, ruled that a complaint process in an employer’s anti-discrimination policy may toll the statute of limitations under the Minnesota Human Rights Act (MHRA). At issue was a section of the MHRA stating that the Act’s one-year
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 May edition of the Insider Report discusses recent agency rulemaking, legislative maneuvers to block new and pending rules, and state e
Restrictive Covenants
On April 27, 2016, Congress passed the Defend Trade Secrets Act of 2016 (S.1890)1 (DTSA) and sent it to President Obama, who has indicated he will sign it into law.2 The DTSA, which will take effect on the day it is signed, will provide a new federal court civil remedy for acts of trade secret misap
Religious Discrimination - General
On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was forced to walk a narrow line between precedents that bar courts from questioni
FMLA - General
Earlier today, the Department of Labor announced that it soon will require employers across the country to post a new DOL general FMLA Notice in their workplaces. In issuing this new directive, the agency also unveiled a new guide to help employers navigate and administer the FMLA. Here’s the scoop: