Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
Restrictive Covenants
The Securities and Exchange Commission (SEC) has recently contacted a number of companies seeking every confidentiality agreement, nondisclosure agreement, settlement agreement, and severance agreement the companies entered into with employees since the Dodd-Frank Wall Street Reform and Consumer Pro
Immigration - Employment Eligibility
An Administrative Law Judge with the Office of the Chief Administrative Hearing Officer (OCAHO) recently entered an order against a Minnesota-based professional employer organization (PEO) for failing to comply with the Form I-9 attestation requirement. The order assessed nearly $230,000 in civil pe
D.C. - General
Employers in the District of Columbia will soon be required to provide reasonable workplace accommodations to employees whose ability to perform the functions of their positions are limited as a result of pregnancy, childbirth, related medical conditions, or breastfeeding. The Protecting Pregnant Wo
California - General
California’s Senate Bill 1299, enacted in the fall of 2014, requires the State’s Occupational Safety and Health Standards Board to adopt standards requiring certain hospitals to implement a workplace violence prevention plan by July 1, 2016. On February 5, 2015, the Division of Occupational Safety a
Federal Gov't - General
A new Executive Order (EO) that imposes new and onerous obligations and risks on federal contractors was the subject of a House joint subcommittee hearing on Thursday. The Subcommittee on Workforce Protections and the Subcommittee on Health, Employment, Labor, and Pensions heard testimony on the imp
Benefits - Fiduciary
On Monday, the White House and the Department of Labor publicized efforts to target conflicts of interest in managing employee retirement funds. In essence, the Administration is promoting the DOL's much–beleaguered proposal to more broadly define who constitutes a “fiduciary” for the purposes of re
HR - Background Checks
The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity Commission.
FMLA - General
The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. This rule change will impact the manner in which employers administer FMLA leave, so
Puerto Rico
Act 135 of August 7, 2014 amended the Puerto Rico Internal Revenue Code (PR Code) to exempt from taxation up to $40,000 of salary income earned by a “young employee.” PR Code defines a “young employee” as an employee between the ages of 16 and 23. The Act 135 exemption is in effect for all taxable y
New Jersey - Law Against Discrimination
On February 11, 2015, the New Jersey Supreme Court for the first time directly addressed and adopted the standard set forth in the U.S. Supreme Court's 1998 decisions in Burlington Industries, Inc. v. Ellerth1 and Faragher v. City of Boca Raton2 regarding employer liability for a supervisor's harass
Pennsylvania - General
After seven years and two previous vetoes, on February 12, 2015, Philadelphia City Council passed, and Mayor Michael Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance ("the Ordinance") with a May 13, 2015 effective date. With this action, Philadelphia becomes t
Labor Law - General
Less than two months after the National Labor Relations Board's Office of the General Counsel filed a series of unfair labor practice complaints against McDonald's USA LLC as a joint employer with several of its franchises, the office has issued six new complaints involving 23 charges against the fr
HR - Sick Leave
As expected, lawmakers in both chambers reintroduced the Healthy Families Act (H.R. 932, S. 497), a bill that would allow most private-sector employees to earn up to seven days of paid sick leave per year. The law would apply to employers with 15 or more employees, and permit workers to accrue an ho
Immigration - Visas
Employers who employ F-1 students who will soon seek to change their status to H-1B visa holders should be aware of the potential implications and risks on the H-1B visa process stemming from F-1 employees’ international travel.
FMLA - Intermittent Leave
Last week, I had the pleasure of presenting with EEOC Regional Attorney in the Chicago District John Hendrickson on the EEOC’s recently drafted Pregnancy Discrimination Enforcement Guidance and how these guidelines will impact the manner in which employers will be required to provide accommodations
California - Whistleblowers
A California appellate court recently confirmed in Satyadi v. West Contra Costa Healthcare District that employees need not exhaust administrative remedies before pursuing most state Labor Code claims, even those accruing prior to the enactment of Labor Code § 244(a), which expressly states there is
Michigan
In a published decision that may surprise employers, the Michigan Court of Appeals ruled that an employee terminated for testing positive for marijuana but who possesses a medical marijuana card1 is not disqualified from receiving unemployment benefits so long as the employee’s use of marijuana is i
Labor Law - Union Organizing
The National Labor Relations Board's new "quickie" election rule—set to take effect on April 14, 2015—will detrimentally impact both employers and employees, according to many witnesses testifying at a Senate Committee on Health, Education, Labor and Pensions (HELP) hearing. Lawmakers and panelists
California - Wage & Hour
The recent California Court of Appeal decision in Mies v. Sephora U.S.A., Inc., Case No. A139410 (1st App. Dist., Feb. 2, 2015) (unpublished) joins a growing number of cases finding the existence of uniform corporate policies, standing alone, is insufficient for class certification. Mies upheld the
California - Wage & Hour
On January 29, 2015, the California Court of Appeal, Second District, published a landmark decision in Augustus v. ABM Security Services. Specifically, the Augustus court held that while California law prohibits employers from requiring employees to work during rest breaks, it does not require emplo