Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
Multinational Employers
On June 12, 2015, Mexico amended the Federal Labor Law (“FLL”), adopting the increase in the legal working age that was enacted through a constitutional amendment in 2014. (Click here to read our discussion of the 2014 constitutional amendment). The FLL – the country’s employment law code – codifies
Oregon - General
On June 16, 2015, the Oregon House passed an amended version of House Bill 3025, which will prohibit most employers from asking questions about criminal history on job applications or at any other point in the hiring process before the initial interview. Approval of House Bill 3025 follows closely o
Benefits - Multi-Employer Plans
On June 17, 2015, the Internal Revenue Service (IRS) and the Pension Benefit Guaranty Corporation (PBGC) released several regulatory measures implementing the multiemployer pension plan amendments that were enacted in December, 2014.
HR - Diversity, Equity and Inclusion (DEI)
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 20101 ("Dodd-Frank Act" or "Act") authorizes certain federal agencies to assess the "diversity policies and practices of the entities they regulate."2 On June 10, 2015, six federal agencies ("agencies") issued a joint policy statement
Federal Gov't - General
The day after the House Appropriations Committee released a draft bill that would significantly limit certain federal agency rules and initiatives, the Subcommittee on Labor, Health and Human Services, and Education held a markup session of the measure. As previously discussed, riders in the draft a
Oregon - General
Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in applicants' and employees' restricted online accounts. These laws effectuate that
FMLA - General
The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.
Federal Gov't - General
A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts. Including stipulations on how federal appropriations are spent is one way
Colorado - General
On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use. In the long-awaited decision in Coats v. Dish Network, the court ruled that medical marijuana use—which is permitted under state law but prohibited under federal law—is not a “lawful
Oregon - General
On June 12, 2015, the Oregon legislature passed Senate Bill 454, legislation that will require most employers with 10 or more employees in Oregon to provide employees with up to 40 hours per year of paid sick leave. As discussed below, Portland employers with six or more employees already must provi
New York - Human Rights Law
Following closely on the heels of a citywide bill restricting employer’s use of credit information for employment decisions,1 on June 10, 2015, the New York City Council passed a new bill restricting an employer’s ability to inquire into or obtain information about a job applicant’s criminal history
HR - Whistleblowing
The Sarbanes-Oxley Act (SOX) provides anti-retaliation protection to whistleblowers who engage in “protected activity.” To engage in protected activity under SOX, the whistleblower must provide information to the Securities and Exchange Commission (SEC) or another law enforcement agency, to Congress
Massachusetts - General
On June 10, 2015, the Massachusetts Attorney General issued a Notice of Employee Rights (the "Notice") under the Commonwealth's new earned sick leave law, as well as a document clarifying the scope of the "safe harbor" exemption to that law.
HR - Whistleblowing
In a matter of first impression, the U.S. District Court for the Western District of Pennsylvania in Cestra v. Mylan Inc. No. 15-0873 (E.D. Pa., May 22, 2015) held that the antiretaliation provision of the False Claims Act applies to an employer who terminates an employee for engaging in protected c
FMLA - Regulations
Q: One of my employees complained of chest pains at work and later went to the emergency room at the local hospital. However, we have learned through his medical certification that he was not admitted to the hospital until after midnight. He spent most of the day in the hospital and was discharged l
Federal Gov't - General
In anticipation of the imminent release of the Department of Labor's proposed rule revising the white collar overtime exemption under the Fair Labor Standards Act (FLSA), the House Subcommittee on Workforce Protections held a hearing on Wednesday to discuss federal wage and hour standards. Panelists
Labor Law - General
In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective bargaining agreement was consistent with the agreement and therefore lawfu
Nevada - General
Labor Standard Act (FLSA)’s "economic realities" test to determine whether workers can be classified as independent contractors under Nevada law for purposes of minimum wage payments under Nevada Revised Statutes' (NRS) Chapter 608. In an apparent move to overrule Terry, the Nevada Legislature passe
West Virginia
For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state. One of the factors that undoubtedly played a role in West Virginia faring so poorly was the state's legal climate
Labor Law - Union Organizing
Under current National Labor Relations Board rules, a union can organize a bargaining unit of temporary employees, and the user employer’s solely employed regular employees, only if both employers consent. However, the Board is primed to change this rule in Miller & Anderson, Inc.1 On May 18, 2015,