Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
Minnesota - General
On January 20, 2016, the Minnesota Supreme Court affirmed the Minnesota Court of Appeals’ decision in Ford v. Minneapolis Public Schools in a narrow holding that leaves unanswered some important questions regarding whistleblower liability.1
Benefits - General
The IRS recently published its annual update on user fees, Revenue Procedure 2016-8, which now includes fees for Voluntary Compliance Program (“VCP”) applications filed with the IRS pursuant to the Employee Plans Compliance Resolution System set forth in Revenue Procedure 2013-12. As a result, the f
HR - General
The Federal Trade Commission (“FTC”) issued a report this month entitled, “Big Data: A Tool for Inclusion or Exclusion.”1 The theme of the report is that a company’s use of big data—be it in identifying and providing services to consumers or in the hiring and management of its workforce—may have bot
FMLA - General
Q. Like many east coast employers preparing for the impending blizzard, we want to know how we calculate FMLA leave if our office is closed due to the weather. I have an employee out on FMLA. Do I count the snow day against this employee’s 12-week leave entitlement?
HR - General
The European Union’s (EU) new data protection framework, known as the General Data Protection Regulation (the “Regulation”), is, at bottom, a response to the astonishing evolution in online commerce.1 As a result, only one of the Regulation’s 91 articles specifically addresses the personal data of e
Benefits - ERISA
In Montanile v. National Elevator Industry Health Benefit Plan (January 20, 2016), the U.S. Supreme Court dealt a blow to ERISA plans that seek to recover health benefits paid to participants who sustain injuries caused by third parties.
HR - General
Last year, the Financial Industry Regulatory Authority (FINRA), a non-governmental organization that regulates member brokerage firms and exchange markets, approved proposed Rule 3110(e), which enhances the background screening requirements already in place for FINRA-member institutions and register
Immigration - Visas
A February 12, 2016, court-imposed deadline to determine the fate of certain student work permits is fast approaching. At this point, it is unclear whether the U.S. Department of Homeland Security (DHS) will be able to meet its regulatory target date to extend work permits granted to certain student
Pennsylvania - General
On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in nursing homes and long-term care facilities to be unconstitutional on its fa
New Jersey - General
As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire into, and use, criminal records. On November 2, 2015, New Jersey’s Departmen
Federal Gov't - EEOC
On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s dismissal of the Equal Employment Opportunity Commission’s lawsuit against CVS Pharmacy.1 This lawsuit has been the subject of significant media attention due to the EEOC’s challenge to common provisi
Affirmative Action - OFCCP
On January 11, 2016, the final rule issued by the Office of Federal Contract Compliance Programs (OFCCP) amending regulations1 to implement President Obama's Executive Order 13665, the so-called "Pay Secrecy" or "Pay Transparency" order, took effect. That order, issued in April 2014, amended Executi
Labor Law - Union Organizing
On January 13, 2016, the National Labor Relations Board issued a call for interested parties to file briefs addressing the Board’s current standard on whether graduate student assistants are “employees” under the National Labor Relations Act (NLRA).
FLSA - Federal Minimum Wage
The U.S. Department of Labor has updated its 2016 minimum wage poster to reflect new requirements imposed by the February 12, 2014, Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. The E.O. requires federal contractors to pay workers performing work on or in connection with
Immigration - General
The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs.1 The new rule is intended to benefit both U.S. employers and foreign national workers by allowing employers more flexibility in employing and retaining high-s
FLSA - Overtime Exemptions
The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI)1 establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). While it remai
Benefits - ACA
The Affordable Care Act (“ACA”) imposes various reporting requirements on insurers, self-insuring employers, and other providers of “minimum essential coverage" and imposes penalties on coverage providers that do not comply. The IRS recently issued Notice 2016-4, which grants extensions of certain i
HR - General
While much of last night's State of the Union Address focused on big-picture issues, President Obama did make some specific employment-related comments during the annual speech to the country. One underlying purpose of this year's SOTU is to lay the groundwork for the next Administration to carry on
ADA - Reasonable Accommodation
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ But how much leave are we obligated to provide
Immigration - Visas
Employers who wish to sponsor H-1B workers for Fiscal Year 2017 can begin filing petitions on April 1, 2016 for a start date of October 1, 2016. The H-1B visa is used by businesses who wish to employ foreign nationals to work in a specialty occupation requiring theoretical or technical expertise. Fo