Monday, July 6, 2026Labor & Employment Law
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HR - Social Networking Issues
In Palmieri v. United States, -- F.Supp.3d --, No. CV 12-1403 (JDB) (D.D.C. Nov. 3, 2014), U.S. District Judge John D. Bates held that the plaintiff had no constitutional expectation of privacy with respect to social-media content that he had shared with on-line ‘friends.’ Accordingly, the court dis
Federal Gov't - EEOC
When noteworthy cases are decided or rules issued involving federal anti-discrimination law, Littler often publishes timely articles on these events, particularly when they involve the Equal Employment Opportunity Commission (EEOC or “the Commission”). Littler recognizes, however, that employers ben
New York - Wage & Hour
After a delay of nearly six months, on December 29, 2014, New York Governor Andrew Cuomo signed into a law a bill (A 8106-C, S5885-B) that amends the state's Labor Law, including the Wage Theft Prevention Act (the WTPA), and the law's application to limited liability companies, contractors and succe
FLSA - Industries and Occupations
At the eleventh hour, a District of Columbia federal court today issued a Temporary Restraining Order (TRO) preventing a U.S. Department of Labor (DOL) rule from taking effect on January 1, 2015 that would have drastically narrowed the "companionship services" exemption from overtime under the Fair
HR - Drugs & Alcohol
In a few short paragraphs within the 1,603-page congressional spending bill signed into law on December 16, 2014, Congress prohibited the U.S. Department of Justice from using federal funds to prosecute users, growers and distributors of medical marijuana in states that have enacted medical marijuan
FMLA - General
It’s the final week of the year, so while everyone else in the world is playing with their latest version of iPhone and other new electronic gadgets, I spend my time analyzing this year’s FMLA blog posts and agonizing over how I can deliver the FMLA to your virtual door in an even more efficient and
West Virginia
In welcome news for employers, the West Virginia Department of Labor (WVDOL) has withdrawn a set of emergency regulations that would have significantly revamped state wage and hour requirements and created conflicts with federal wage and hour regulations. The WVDOL proposed the regulations to West V
Massachusetts - General
Effective April 1, 2015, Massachusetts will become the fourth state (after New York, California and Hawaii) to extend employment protections specifically to domestic workers. The "Domestic Workers' Bill of Rights"1 creates new legal obligations for any individual or family in Massachusetts who emplo
Labor Law - General
In a recent decision involving the interplay between California law and federal labor law, the U.S. Court of Appeals for the Ninth Circuit ruled that state trespass and nuisance laws are not preempted by the federal secondary boycott law. Thus, the owner of a California mall will be permitted to sue
Labor Law - General
In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent. In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board changed its standard for deferral to arbitration awards, grievance/arbitrati
FLSA - Hours Worked
Employers across the country are breathing a sigh of relief following the December 9, 2014 unanimous ruling of the U.S. Supreme Court that time spent by warehouse workers waiting for and undergoing antitheft security screening is not compensable time under the Fair Labor Standards Act (FLSA). Integr
Benefits - ACA
On December 19, 2014, the U.S. Departments of Labor, Health and Human Services, and Treasury published proposed regulations that would treat certain limited health coverage that wraps around eligible individual health insurance or multi-state plan coverage offered by the U.S. Office of Personnel Man
HR - Whistleblowing
Just eight months ago, the U.S. Department of Health and Human Services (HHS)'s Centers for Medicare and Medicaid Services (CMS) announced a proposal to raise the ceiling for whistleblower payouts to nearly $10 million from the current cap of $1,000. This increased monetary incentive was just one of
Multinational Employers
As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues likely to grow in importance in 2015, among them the increasing strength of glob
FMLA - General
It’s the end of the year. And with the end of the year comes questions from my clients about whether they need to account for an employee’s FMLA leave when doling out year-end bonuses. In other words, is an employer obligated to pay a bonus based on a “goal” when the employee missed the goal because
FLSA - Overtime, General
In a significant blow to the efforts of the U.S. Department of Labor (DOL) to exclude third-party employers from the companionship and domestic services exemption to the FLSA’s overtime and minimum wage requirements, the U.S. District Court for the District of Columbia today struck down the portions
Sex Discrimination - Orientation And Identity
Attorney General Eric Holder has issued a memorandum directing the Department of Justice to consider claims of gender identity discrimination, including bias claims based on an individual's transgender status, cognizable under Title VII of the Civil Rights Act. Holder writes:
Benefits - ACA
Since its enactment in 2010, the Affordable Care Act (ACA) has generated debate and questions about the law's impact on third-party staffing arrangements. With the effective date of the ACA's "pay-or-play" employer mandate just weeks away for many employers, confusion still exists about how "staffin
Benefits - ERISA
In a previous ASAP article, we discussed the Ninth Circuit's June 6, 2014 decision in Gabriel v. Alaska Elec. Pension Fund, 755 F.3d 647 (9th Cir. 2014). In the initial opinion issued by the court, the panel split 2-1 in affirming a district court's ruling that the appellant was not entitled to ongo
Labor Law - Coverage
As expected, the National Labor Relations Board's Office of the General Counsel has filed an unfair labor practice complaint against a franchisor and some of its franchisees as joint employers. The Board first announced it might take action against McDonald's USA LLC for alleged actions of its franc