Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
HR - Whistleblowing
The EEOC’s January 21, 2016 “Draft Proposed Enforcement Guidance on Retaliation and Related Issues” continues the pattern of governmental agencies probing deeply into your whistleblower program. Whether or not the guidance remains exactly as drafted, it is a window into the EEOC’s view of an effecti
FMLA - Medical Certifications
One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations involve intermittent leave, which is the type of leave most frequently ab
Benefits - 401(k)
The IRS recently issued Notice 2016-16 (the “Notice”), which permits most mid-year amendments to safe harbor 401(k) plans. This is welcome news to sponsors of safe harbor 401(k) plans who, prior to the issuance of the Notice, faced uncertainty over whether any mid-year changes to their plan would in
Illinois - General
A new Illinois state law requires certain employers to post notices informing employees and other members of the public of a helpline to assist any person who is subject to human trafficking.1 This law, effective January 1, 2016, and entitled the “the Human Trafficking Resource Center Notice Act,” l
FMLA - Regulations
Every once in awhile, I find myself counseling an employer with either no FMLA policy or one completely lacking any meaningful details. Often, these policies fail to include key provisions to protect against liability.
Class Actions - General
A divided U.S. Supreme Court recently ruled in Campbell-Ewald Co. v. Gomez1 that an unaccepted settlement offer or offer of judgment is a legal nullity that cannot moot a case. However, the Court left open the possibility that payment of complete relief may suffice.
HR - Privacy & Surveillance
In response to the February 2, 2016, announcement by the European Commission (the "Commission") and the U.S. Commerce Department of a new framework, called the "Privacy Shield," to replace the invalidated U.S.-European Union ("EU") Safe Harbor Framework for cross-border data transfers,1 the EU's top
Puerto Rico
On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as provided under Act No. 427-2000, as amended (“Act 427”).
HR - General
In a long-awaited and much-anticipated announcement, the U.S. Department of Commerce and the European Commission (the “Commission”) declared on February 2, 2016, that they had struck a deal on a new cross-border data transfer framework.
Sex Discrimination - Equal Pay
The Equal Employment Opportunity Commission is soliciting public comments on two proposed policy changes that could have a significant impact on employers. The agency plans to require companies with 100 or more employees to include pay data as part of their Employer Information Report (EEO-1) form s
HR - General
The Zika virus is receiving significant press coverage, including reports that it may cause birth defects if pregnant women are exposed. Employers may wonder if they have obligations to protect or accommodate employees under state and federal law, including the Occupational Safety and Health (“OSH”)
HR - General
So you didn’t win the Powerball jackpot? There are still plenty of opportunities to win big in the next few weeks as Super Bowl L, March Madness, and even the Oscars quickly approach. Many employees will likely be solicited by their fellow co-workers or supervisors to participate in office pools or
New York - Human Rights Law
Earlier this month, New York City Mayor Bill de Blasio signed legislation that expands the New York City Human Rights Law, making New York City the latest municipality1 to protect caregivers from discrimination in their terms or conditions of employment.2 The amendments take effect May 4, 2016.3
New York - General
On January 6, 2016, the Commissioner of Health of the State of New York certified that the medical marijuana program established by New York’s Compassionate Care Act could be implemented in accordance with public health and safety interests. The next day, the first dispensaries offering medical mari
Federal Gov't - DOJ
The Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued an opinion letter clarifying that employers that carry out discriminatory employment practices, even indirectly by way of a third-party labor contractor, may still be held
FMLA - General
Joint employer issues are all the rage right now. Recently, the National Labor Relations Board (NLRB) put the screws to McDonald’s in finding that the Company is liable “jointly” along with their franchisees for alleged labor violations. So, it’s not shocking to learn that the U.S. Department of Lab
Federal Gov't - DOL
The changing nature of employment, including the move to more online-based commerce, has increased the number of on-demand or "gig" workers. Estimates vary as to the number of workers in the so-called gig economy, but most place this number in the millions. Not surprisingly, the U.S. Department of L
Benefits - General
The IRS recently issued Notice 2016-03 (the “Notice”), addressing several items with respect to changes made to the IRS’s determination letter program. The Notice also extends the deadline for sponsors to adopt a pre-approved defined contribution plan in certain instances.
New York - Human Rights Law
New York State and New York City both recently enacted regulations and enforcement guidance designed to prohibit discrimination on the basis of gender identity, transgender status, gender expression and gender dysphoria.1 Both have now taken effect.
New Mexico
Must a New Mexico employer allow an employee to use medical marijuana as a reasonable accommodation for the employee’s disability? “No,” according to a New Mexico federal district court. On January 7, 2016, the court held that New Mexico’s medical marijuana statute and the New Mexico Human Rights Ac