Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
Federal Gov't - General
In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or review. Notably, these reports include anticipated release dates for proposed o
California - Wage & Hour
On May 19, 2015, the Los Angeles City Council approved a proposal for a gradual establishment of a citywide minimum wage of $15.00 per hour by July 1, 2020. Once adopted, Los Angeles will join other large U.S. cities, including Chicago, Seattle and San Francisco, to establish local minimum wage ordi
FLSA - Overtime Exemptions
Are drivers of a motor carrier who rarely or never drive the carrier's interstate routes covered by the motor carrier exemption of the Fair Labor Standards Act? Yes, according to the U.S. Court of Appeals for the Third Circuit in Resch v. Krapf's Coaches, Inc., Case No. 14-3679 (3d Cir. May 12, 2015
Federal Gov't - EEOC
The Equal Employment Opportunity Commission's enforcement strategies and ligation history came under fire from Republican members of the Senate Committee on Health, Education, Labor and Pensions on Tuesday. During the hearing to examine the agency's recent activities, EEOC Chair Jenny R. Yang and Ge
Lawyering - Discovery
In Lord Abbett Mun. Income Fund., Inc v. Asami, No. C-12-03694 DMR (N.D. Cal. Oct. 29, 2014), United State Magistrate Judge Donna M. Ryu granted the plaintiff’s motion for permission to no longer preserve computer workstations that were peripheral to discovery. The court extended and applied Rule 26
Federal Gov't - General
On Friday, May 15, 18 Democratic Senators sent a letter to President Obama calling for him to issue an executive order that would make the federal government a "model employer." The letter is an updated version of letters the Congressional Progressive Caucus has previously sent to the President.
HR - Workplace Wellness
On April 18, 2015, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule on the treatment of employer wellness programs under the Americans with Disabilities Act (ADA). The proposed rule amends the ADA regulations and interpretive guidance to address the use of incentives to enco
Labor Law - NLRB
During a May 14 Senate Appropriations Subcommittee hearing to discuss the National Labor Relations Board's FY 2016 budget, NLRB Chairman Mark Pearce and General Counsel (GC) Richard Griffin indicated the Board has no plans to deviate from the pro-organized labor tack they have been pursuing for quit
Lawyering - Discovery
In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an employer’s discretion to consider criminal records for hiring decisions.1 Des
Labor Law - Coverage
Offering franchisors a glimmer of hope on the joint employment front, the National Labor Relations Board's Office of the General Counsel recently issued a memorandum of advice that concluded a franchisee, franchisor, and the franchisor's development agent were not joint employers under the National
Immigration - Visas
The Department of Homeland Security (DHS) and the Department of Labor have jointly announced a new interim final rule governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment under the H-2B visa category. The new rule comes in respons
FLSA - Overtime Exemptions
In March 2014, President Obama ordered the U.S. Department of Labor to revise the “white collar” overtime exemption regulations. Declaring "Americans have spent too long working more and getting less in return," the President ordered the revision of the overtime exemption regulations with a goal of
Benefits - ACA
An important provision of the Affordable Care Act (ACA) is a new target for repeal. On April 28, 2015, Rep. Joe Courtney (D-CT) introduced legislation (H.R. 2050) to eliminate the 40% excise tax on high-premium "Cadillac" health insurance plans. Set to take effect in 2018, the tax will apply to plan
FLSA - Retaliation
On April 20, 2015, the U.S. Court of Appeals for the Second Circuit ruled in Greathouse v. JHS Security Inc. that internal complaints to an employer are now protected from retaliation under the Fair Labor Standards Act ("FLSA"). This decision overrules the court's long-standing precedent that an emp
FMLA - Intermittent Leave
Last week, I had the pleasure of presenting with EEOC Commissioner Victoria Lipnic on the EEOC’s pregnancy discrimination guidance and how employers should address pregnancy accommodations in the workplace. Our presentation was part of an outstanding FMLA/ADA compliance conference hosted by the Disa
Immigration - Visas
The United States Citizenship and Immigration Services (USCIS) has announced it will begin premium processing of H-1B cap cases on April 27, 2015. This means that if a company has already received a receipt notice for a cap-subject H-1B petition filed via premium processing, the 15-day window for pr
Labor Law - Union Organizing
A federal judge in the District of Columbia refused to enjoin the implementation of the National Labor Relations Board's new expedited election rule while the lawsuit to revoke the rule is pending.
Massachusetts - Wage & Hour
Massachusetts courts recently clarified two issues of great interest to employers in the hospitality and restaurant industries. On the one hand, the Massachusetts Supreme Judicial Court held that Massachusetts law does not prohibit employers from adopting a no-tipping policy. On the other hand, the
Benefits - Fiduciary
On April 14, 2015, the Department of Labor (DOL) released a proposal to re-define who is rendered a "fiduciary" of an employee benefit plan under the Employee Retirement Income Security Act (ERISA) by providing investment advice to a plan or its participants or beneficiaries. In a press release, Lab
California - Wage & Hour
On April 17, 2015, the U.S. District Court for the Northern District of California in Miranda v. Coach, Inc., 2015 U.S. Dist. LEXIS 51768 struck a strong blow against any argument that the exclusion for the time an employee spends undergoing post-shift security screenings from their hours worked und