Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
HR - Genetic Discrimination (GINA)
On October 30, 2015, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) as they relate to employer wellness programs that are part of group health plan
California - General
The California Supreme Court’s recent decision to review the Second District Court of Appeals’ ruling in Parrish v. Latham & Watkins, 238 Cal. App. 4th 81 (2015) sets the stage for a potential sea change in the litigation of Uniform Trade Secrets Act (“UTSA”) claims, and could lead to an unsuccessfu
FMLA - General
Edepartment-of-labor-300x300arlier this month, I had the pleasure of presenting on complex FMLA issues at the American Bar Association’s Annual Labor and Employment conference. During the session, entitled “The FMLA 20 Years Later,” we covered key FMLA notice and medical certification issues and oth
Missouri - General
In a case of first impression at the appellate level, the Missouri Court of Appeals for the Western District of Missouri has held that the Missouri Human Rights Act (“MHRA”) does not prohibit discrimination based on sexual orientation.
New York - Human Rights Law
On November 5, 2015, the New York City Commission on Human Rights (NYCCHR) released its 13-page Interpretative Enforcement Guidance regarding the City's Fair Chance Act (FCA). The FCA, which became effective on October 27, 2015, imposes obligations on covered employers well beyond all other "ban-the
Benefits - ACA
For the third time in four years, the U.S. Supreme Court will hear a challenge to a portion of the Affordable Care Act (ACA), President Obama’s signature health reform law passed in 2010. On November 6, 2015, the Supreme Court issued a writ of certiorari in seven cases addressing the ACA’s birth con
New Jersey - General
On October 29, 2015, the City Council in Jersey City, New Jersey voted to broaden the scope of its paid sick leave ordinance, which was enacted in 2013. Just five days later, on November 3, 2015, voters in Elizabeth, New Jersey approved a paid sick leave law, becoming the 10th municipality in New Je
Connecticut - General
Connecticut has passed a new law regulating electronic nicotine delivery systems and vapor products in various venues, including numerous places of employment. Effective October 1, 2015, Public Act No. 15 206 (the Act) supersedes and preempts any relevant provisions of municipal laws or ordinances r
New York - Human Rights Law
On October 21, 2015, Governor Cuomo signed into law five bills that will provide greater protection for women in the workplace. These bills, which are part of the Women's Equality Act, strengthen New York's equal pay statute, expand protection for victims of sexual harassment, provide for recovery o
HR - General
It is not a matter of "if" but "when" an employer will be required to notify employees of a security breach. Forty-seven states require employers to notify employees when defined categories of personal information, including Social Security numbers, are acquired by unauthorized parties, and every em
HR - General
On Monday, President Obama signed into law a two-year bipartisan budget deal that has several implications for employers. The Bipartisan Budget Act of 2015 (H.R. 1314) suspends the debt ceiling limit until March 2017, and eases some of the effects of sequestration. The measure necessarily contains s
New York - Wage & Hour
On November 6, 2015, amendments to the New York Labor Law (NYLL) that expanded permitted deductions from wages for overpayments and advances against wages, among other items, will expire.
Labor Law - Protected Concerted Activity
Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court of Appeals for the Second Circuit when recently affirming the National Labor
Labor Law - General
The National Labor Relations Board's recent decision in Lily Transportation Corp., 363 NLRB No. 15, highlights the potential impact of a finding that a follow-on service provider is a "successor" to a prior provider.
Labor Law - Coverage
Following a series of congressional hearings on the National Labor Relations Board's Browning-Ferris decision, the House Committee on Education and the Workforce voted on Wednesday to advance a bill that would effectively reverse the Board's action in that case. The Committee voted 21-15 along party
FMLA - General
Q. In trying to reduce the amount of FMLA abuse in our Company (about 30% usage), we are contemplating having employees returning from FMLA leave complete a form that asks why they were out, had they been out for this reason before (and when), and that they took leave for the reason they provided. C
Immigration - General
On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation (AI) concludes "most workers are employees" under the FLSA’s broad definitio
FLSA - Industries and Occupations
In an order dated October 20, 2015, pursuant to the D.C. Circuit’s mandate issued on October 13, 2015, U.S. District Court Judge Richard Leon entered summary judgment in favor of the U.S. Department of Labor (DOL) in Home Care Association of America v. Weil. In this case, the U.S. Court of Appeals f
Puerto Rico
In a unanimous decision, the Supreme Court of Puerto Rico recently reaffirmed its previous position that an act of aggression by an employee towards a coworker is sufficient to establish just cause for termination under Puerto Rico's Unjustified Dismissal statute, Act No. 80 of May 30, 1978 ("Act 80
Colorado - General
The Colorado Department of Labor and Employment's Division of Labor has promulgated new guidance on "use-it-or-lose-it" vacation policies. While the Colorado Division of Labor has taken no enforcement position on use-it-or-lose it policies for many years, the Wage Protection Act of 2014 gave the Div