Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
Immigration - Visas
On July 21, 2015, USCIS issued final guidance on when to file a new or amended H-1B petition after the Matter of Simeio Solutions, LLC decision.1 (Click here to review our discussion of the Simeio decision). This USCIS final guidance -- which is intended to assist employers with complying with the S
Wisconsin - General
Effective July 14, 2015, Wisconsin has made it easier for an employer to comply with Wisconsin Statute 103.85, Wisconsin’s “one day of rest in seven” requirement. Under this statute, most factory and mercantile employers must provide their employees with at least 24 consecutive hours of rest for eve
FLSA - Employees Covered
Two weeks after the U.S. Department of Labor issued an Administrator's Interpretation cautioning that "most workers are employees," Senators Bob Casey (D-PA) and Al Franken (D-MN) introduced a bill targeting worker misclassification. The Payroll Fraud Prevention Act of 2015 would make a number of am
California - Wage & Hour
On July 21, 2015, the Los Angeles County Board of Supervisors approved a motion directing County Counsel to prepare a “Countywide Minimum Wage Ordinance” to incrementally increase the minimum wage for Los Angeles County employees and employees working in unincorporated areas within the county. The m
FLSA - Overtime Exemptions
The U.S. Department of Labor's methodology and minimum salary threshold set forth in its proposed revisions to the Fair Labor Standards Act's "white collar" exemptions are "unprecedented in the FLSA’s 77-year history," explained Littler Principal Tammy McCutchen during a Subcommittee on Workforce Pr
Washington State - Wage & Hour
The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015), that agricultural piece-rate workers are entitled to separate paid rest break
FLSA - Employees Covered
In a move that is expected to have far-reaching consequences for employers, the U.S. Department of Labor issued new guidance on the classification of independent contractors as employees under the Fair Labor Standards Act (FLSA). Dr. David Weil, the DOL Wage and Hour Administrator, issued a July 15,
HR - Sick Leave
2015 has been a notable year for the passage and implementation of local mandatory paid sick leave (PSL) laws. In addition to statewide laws taking effect in California and Massachusetts, new local laws have taken effect in Emeryville and Oakland, California; Bloomfield, East Orange, Irvington, Mont
West Virginia
For a number of years, W. Va. Code § 23-4-2 (commonly known as the deliberate intent statute) has provided employees with work-related injuries an avenue to circumvent the workers' compensation immunity afforded to West Virginia employers. In part, the statute provides that the traditional immunity
Immigration - General
The U.S. Office of the Chief Administrative Hearing Officer (OCAHO) recently published Gonzalez-Hernandez v. Arizona Family Health Partnership,1 an interesting decision that illustrates the conflict between state laws and the administration’s deferred action policies that provide work authorization
Missouri - General
Two recent Missouri Supreme Court decisions demonstrate Missouri courts will carefully scrutinize employment arbitration agreements in determining their validity. The Missouri Supreme Court in Baker v. Bristol Care, Inc., et al.1 invalidated an employment arbitration agreement that was agreed to by
Sex Discrimination - Orientation And Identity
The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued a potentially groundbreaking decision finding that discrimination based on "sexual orientation" can be brought under Title VII of the Civil Rights Act of 1964 (Title VII).1 In so ruling, the Commission rejected several
Illinois - General
On July 14, 2015, the U.S. Court of Appeals for the Seventh Circuit decided Instant Technology, LLC v. DeFazio.1 The decision was widely expected to address the current split in the Northern District of Illinois on whether two years or more of continued employment is required to enforce a restrictiv
HR - General
Don't look now—we may have made it through the July 4 weekend, but the seas are roiling for banks regulated by the federal Office of the Comptroller of the Currency (OCC). That agency has adopted new "safety and soundness" guidelines which impose important human resources-related obligations on larg
HR - General
Littler, the largest employment and labor law practice in the world representing management, has released its 2015 Executive Employer Survey. The report highlights the insight from more than 500 respondents on a variety of issues impacting employers. Littler’s survey of in-house counsel, human resou
FMLA - Regulations
Even once in awhile an employer has handled an FMLA situation so effectively, you just want to shout out, “You Go Girl!” . . . or let out a fist pump (like you just sank a 70-foot birdie) . . . or initiate a wild chest bump in the hallway with a colleague (after you just landed that new client).
FLSA - Employees Covered
On July 2, 2015, the U.S. Court of Appeals for the Second Circuit issued two eagerly awaited decisions that may dampen the recent wave of collective and class actions filed by unpaid interns claiming they should be paid employees. In Glatt v. Fox Searchlight Pictures, Inc. et al., Nos. 13-4478 & 13?
Benefits - ACA
After months of anticipation and speculation, the U.S. Supreme Court has upheld the massive health care reform law, the Patient Protection and Affordable Care Act (ACA). Surprising many who predicted the demise of the law's individual mandate and, perhaps, the rest of the ACA with it, the Court conc
Massachusetts - General
On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). This is a significant development because Massachusett
HR - Background Checks
In 1998 Hawaii became the first state to pass a so-called "ban-the-box" law, prohibiting both private- and public-sector employers from inquiring about an applicant's conviction history until after the employer makes a conditional offer of employment.