Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
Massachusetts - Anti-Discrimination Statute
Effective April 7, 2015, the Massachusetts Maternity Leave Act will be replaced by the Parental Leave Act ("PLA"). The new law expands the scope of the Maternity Leave Act by extending parental leave rights to men.
Federal Gov't - EEOC
The number of discrimination charges filed with the Equal Employment Opportunity Commission that included allegations of retaliation reached an all-time high in FY 2014, according to newly released enforcement and litigation statistics. Of the 88,778 charges filed with the EEOC from October 1, 2013
California - General
On January 29, 2015, the California Supreme Court issued a decision clarifying the circumstances under which an arbitrator’s award may be corrected. In Richey v. Autonation, Inc., No. BC408319 (Cal. Jan. 29, 2015), the court examined an arbitrator’s award and concluded that, although the arbitrator
Immigration - Visas
Employers who wish to sponsor H-1B workers for Fiscal Year 2016 can begin filing petitions on April 1, 2015 for a start date of October 1, 2015. The H-1B visa is used by businesses who wish to employ foreign nationals to work in a specialty occupation requiring theoretical or technical expertise. Fo
Labor Law - Coverage
The implications of an expanded definition of "joint employer" under the National Labor Relations Act was the topic of debate among Senators and panelists during a Thursday hearing held by the Committee on Health, Education, Labor and Pensions. According to Chairman Lamar Alexander (R-TN), if the Na
Labor Law - Union Organizing
As the April 14, 2015 effective date for the National Labor Relations Board's so-called "quickie election" rule approaches, lawmakers opposed to this rule are expected to take every action within their power to stop its implementation. One option—filing a resolution of disapproval under the Congress
Benefits - ACA
In a message vote, the Republican-led House of Representatives elected to repeal the Affordable Care Act in its entirety. The move is considered symbolic, as the Senate lacks the 60 votes needed to avoid an almost certain filibuster, and the President has vowed to veto any repeal measure. The final
HR - General
As promised during last month's State of the Union Address, President Obama's budget proposal for Fiscal Year 2016 allocates funding to a number of initiatives designed to promote "middle class economics." The Department of Labor alone would receive $13.2 billion in discretionary funding, part of wh
D.C. - General
The District of Columbia is considering legislation that would bar employers from conducting pre-employment marijuana testing, except as required by law. The bill—Prohibition of Pre-Employment Marijuana Testing Act of 2015—is scheduled to be discussed at a public hearing on Monday, February 9, 2015.
FLSA - Industries and Occupations
On December 17, 2014, Judge Charles Norgle of the Northern District of Illinois granted summary judgment to an employer on all counts in a tip credit case where servers argued they were engaged in activities outside of their server duties. In Schaefer v. Walker Bros. Enterprises, Inc., 10 CV 6366, p
FMLA - General
Throughout the year, HR professionals and attorneys ask me for my recommendations on the very best conferences to learn more about the FMLA and ADA. The “best,” of course, is in the eye of the beholder. In my humble opinion, however, the conferences highlighted below are can’t miss seminars if you w
FLSA - Hours Worked
In a significant decision addressing the compensability of employee break times, the U.S. Court of Appeals for the Sixth Circuit recently held that time spent by a group of security guards monitoring their radios during meal periods was not compensable work time under the FLSA because they failed to
Immigration - Visas
Spearheaded by Sen. Jerry Moran (R-KS) and Mark R. Warner (D-VA), a group of six senators introduced a fourth attempt at the Startup Act (S.181). The Startup Act would provide immigrant entrepreneurs who create new jobs access to a specifically designated visa. The bill would also create new visas f
Affirmative Action - General
The Office of Federal Contract Compliance Programs (OFCCP) has issued a notice of proposed rulemaking addressing the requirements covered federal government contractors and subcontractors must meet as part of their obligations under Executive Order 11246, which established nondiscrimination and affi
HR - Workplace Wellness
Recent actions by the Equal Employment Opportunity Commission (EEOC) were under scrutiny during Thursday’s Senate hearing on wellness programs. The EEOC bore the brunt of the criticism unleashed during the hearing for acting at odds with provisions the Affordable Care Act (ACA) to promote the use of
HR - Whistleblowing
Various whistleblower laws protect employees who "lawfully" disclose confidential information in good faith to bring to light illicit or illegal activity. Generally, therefore, employees do not receive whistleblower protections when they obtain or disclose the information illegally. A recent U.S. Su
HR - Arbitration Issues
The U.S. Supreme Court’s denial of certiorari in Iskanian v. CLS Transportation Los Angeles, LLC leaves intact (for now) the California Supreme Court’s decision holding that neither Supreme Court precedent nor the Federal Arbitration Act (FAA) preempt an employee’s right to bring a “representative”
Labor Law - General
In M&G Polymers USA, LLC v. Tackett, 1 the U.S. Supreme Court overturned three decades of precedent by the U.S. Court of Appeals for the Sixth Circuit, unanimously ruling that, when no specific provision in a collective-bargaining agreement (CBA) addresses the duration of retiree benefits, reviewing
FMLA - General
If this story won’t cause you bring your FMLA policy up to snuff, then I’ve lost all hope.
Immigration - Employment Eligibility
The U.S. Citizenship and Immigration Services (USCIS) has announced the expansion of “myE-Verify” to 16 states: California, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, South Carolina, Texas, Utah, and Washington.