Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
FMLA - Fitness For Duty
Earlier this week, I had the privilege of presenting on the FMLA and ADA reasonable accommodations at CUPA-HR‘s annual conference with my friend, Stan Kulesa from The Standard.
California - General
California has taken the lead once again in the area of data breach notification laws. In 2002, California was the first state to pass a law requiring companies to notify affected individuals of the breach of their personal information. On September 30, 2014, California’s governor signed into law th
Puerto Rico
On September 19, 2014, Governor Alejandro García Padilla signed into law an amendment to the Puerto Rico Minimum Wage, Vacation, and Sick Leave Act (the “Act”) to include a subsection (c) to Article 9, imposing new civil penalties on employers for violations of the Act.
Religious Discrimination - Reasonable Accommodation
The U.S. Supreme Court announced today that it will consider whether an employer can be liable under Title VII for refusing to hire an applicant or discharging an employee based on a “religious observance and practice” if the individual did not directly and explicitly request an accommodation and th
Massachusetts - General
The (somewhat confusingly titled) Federal Aviation Administration Authorization Act of 1994 (FAAAA) broadly prohibits states from enacting or enforcing laws that affect the prices, routes or services that motor carriers offer for the transportation of property. On September 30, 2014, in Massachusett
California - General
Since 2004, California employers with 50 or more employees have been required to provide their supervisors with sexual harassment training. Effective January 1, 2015, these employers will have an additional responsibility. Governor Jerry Brown signed A.B. 2053 into law on September 9, 2014, mandatin
Benefits - General
On the heels of the Supreme Court’s decision in Heimeshoff v. Hartford Life & Acc. Ins. Co, a federal district court in New York has held in Halpern v. Blue Cross/Blue Shield of Western New York, 12-CV-407S (W.D.N.Y., Sept. 4, 2014) that a group health benefit plan’s shorter one-year limitations per
OSHA - General
The World Health Organization (WHO) has declared that the Ebola outbreak in West Africa has reached the proportions of an international health emergency and the Centers for Disease Control and Prevention (CDC) confirmed that the first U.S. case of the disease was diagnosed in Dallas, Texas on Septem
Puerto Rico
On September 29, 2014, Governor Alejandro García Padilla signed into law an amendment to Puerto Rico Act 115, effective immediately.
FLSA - Federal Minimum Wage
The Department of Labor has issued its final rule implementing Executive Order 13658 (E.O.), which establishes a minimum wage of $10.10 per hour for federal construction and service contractor employees.
Benefits - General
President Obama recently signed into law the Highway and Transportation Funding Act of 2014 (“HATFA”), which extends the pension smoothing provisions included in the 2012 Moving Ahead for Progress Act for the 21st Century (“MAP-21”). MAP-21 amended Section 430 of the Internal Revenue Code (the “Code
National Origin Discrimination
Tribal hiring preferences based on political classifications are permissible under Title VII of the 1964 Civil Rights Act, the U.S. Court of Appeals for the Ninth Circuit recently held in EEOC v. Peabody W. Coal Co.1 The first federal circuit court of appeals to address the question in such detail,
Immigration - General
On September 18, 2014, the Senate voted on a Republican-led measure to prohibit President Barack Obama from unilaterally granting deportation relief to any undocumented immigrant.
D.C. - General
Revisions to the District of Columbia's Accrued Sick and Safe Leave Act ("the Act") adopted last February have become fully effective following the District's adoption of a 2015 budget. The District of Columbia Department of Employment Services (DOES) has published a revised "Official Notice" that m
California - General
California Governor Jerry Brown has until next Tuesday, September 30, to sign or veto bills recently passed by the California Legislature.
FMLA - Coverage
I’ve discussed far sexier topics than “joint employers” on this blog. After all, it’s not every day an employee gets drunk at a Polish festival at the very time she’s supposed to be on FMLA leave.
Multinational Employers
The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum1 upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential for future ATCA claims by applying a strong presumption against that statu
HR - Whistleblowing
In an ongoing effort by the federal government to encourage Wall Street whistleblowers, U.S. Attorney General Eric Holder has called for greater awards for those who report financial fraud. Speaking on Wednesday at the New York University School of Law, Holder stressed that limits on the amount a wh
Federal Gov't - EEOC
On September 17, 2014, the House Subcommittee on Workforce Protections held a hearing to discuss legislative proposals to increase transparency and accountability at the Equal Employment Opportunity Commission (EEOC). In his opening statement, Chairman of the Subcommittee, Rep. Tim Walberg (R-MI), s
FMLA - General
Q: One of our employees has taken FMLA leave for anxiety attacks. Recently, we found out that she is working a similar job for another employer at precisely the same time she should be working for us. Can we deny her the right to return and terminate her employment because of this leave abuse?