Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
California - General
On August 28, 2014, the Supreme Court of California, in Patterson v. Domino's Pizza, LLC, decided whether a franchisor was entitled to summary judgment on the plaintiff's claims that the franchisor was vicariously liable for alleged tortious conduct by the franchisee's employee. In a 4-3 decision, t
Labor Law - Protected Concerted Activity
With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes to regulating employees’ off-duty social media posts about work. The Natio
HR - General
Corporate computers and information and communications systems (collectively, "electronic resources") remain the workhorse for most businesses, even as alternatives, such as third-party text messaging services, external social media, and cloud computing, flourish. Employees rely on corporate electro
Illinois - Sex Discrimination
On August 26, 2014, Illinois Governor Pat Quinn signed into law House Bill 8 (the amendments), which amends the Illinois Human Rights Act (the Act) to provide greater protections to applicants and employees who are or become pregnant. The Act previously prohibited an employer from discriminating aga
Labor Law - General
Employers at fast food chains around the nation should brace themselves for a series of protests and acts of civil disobedience that will occur this Thursday, September 4. The strikes, organized by members of the "Fight for 15" movement, are part of the nationwide crusade to raise the minimum wage.
HR - Workplace Wellness
The EEOC has filed its first lawsuit directly challenging the operation of a wellness program. In EEOC v. Orion Energy Systems, Civil Action 1:14-cv-01019, the EEOC alleged that the employer imposed a wellness program on its employees in violation of the ADA. According to the complaint filed on Augu
Benefits - ACA
On August 27, 2014, new interim final regulations were published by several administrative agencies entitled "Coverage of Certain Preventive Services Under the Affordable Care Act." On the same day, the agencies released a Notice of Proposed Rulemaking with the same title. As we have previously writ
Labor Law - Protected Concerted Activity
In applying a standard Wright Line analysis of whether employee activity constitutes conduct protected by Section 7 of the NLRA, the Board, in Hitachi Capital America Corp. and Virginia Kish, 361 NLRB No. 19 (2014), has taken one of its factors to a new level. An employee was discharged for the tone
Benefits - ACA
In 2009, Attorney General Eric Holder and Former U.S. Department of Health and Human Services Secretary Kathleen Sebelius created an interagency task force, the Health Care Fraud Prevention and Enforcement Action Team (HEAT), to increase coordination and optimize criminal and civil enforcement. Acco
California - General
A California Court of Appeal recently issued a decision in Cochran v. Schwan’s Home Services, Inc., B247160 (Aug. 12, 2014) that took an expansive view of an employer’s obligation to reimburse employees’ business expenses. The trial court determined that no expense was incurred, and no reimbursement
California - Wage & Hour
In a significant decision that provides support for employers who are pushing back against plaintiffs’ attempts to litigate unmanageable wage and hour claims on a class-wide basis, a California federal court denied a motion for class certification in Ordonez v. RadioShack, Inc., a putative class act
Pennsylvania - Restrictive Covenants
In Peter Zimmerman Architects, Inc. v. Toates, No. 3022 EDA 2013 (Aug.19, 2014), a firm specializing in custom, residential architecture sought to enforce a noncompetition agreement against a former employee and the new architectural firm he founded. As written, the noncompete would have prevented t
D.C. - General
On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background records, for employment purposes. In fact, the new District of Columbia law
New York - Human Rights Law
The New York City Earned Sick Time Act (ESTA or the Act) went into effect on April 1, 2014, giving many New York City employees up to 40 hours of paid sick time per year.1 Since March, the Department of Consumer Affairs (DCA) has provided guidance on its website concerning the ESTA. However, the DCA
California - Employee Benefits
Under the Patient Protection and Affordable Care Act (ACA), a “waiting period” is defined as the period that must pass before coverage for an individual who is otherwise eligible to enroll under the terms of a group health plan can become effective. The ACA prohibits group health plans and group hea
FMLA - Intermittent Leave
The U.S. Court of Appeals for the Seventh Circuit recently ruled on two important intermittent Family and Medical Leave Act (FMLA) leave issues in Hansen v. Fincantieri Marine Group.1 First, the court determined that the FMLA does not require a plaintiff to present expert testimony to prove he was i
ADA - Particular Conditions
In Weaving v. City of Hillsboro,1 the U.S. Court of Appeals for the Ninth Circuit waxed nostalgic by reversing a jury and lower court finding that a police officer with Attention Deficit and Hyperactivity Disorder (ADHD) had a “disability” within the meaning of the 2008 amendments to the Americans w
Labor Law - Protected Concerted Activity
In yet another case that impacts both union and non-union employers, the National Labor Relations Board (NLRB) recently found that an employee who asked coworkers for assistance in preserving evidence for a sex harassment complaint she planned to raise with her employer was engaged in "concerted act
Benefits - General
The Department of Labor (DOL) recently issued a new Field Assistance Bulletin (FAB 2014-01) that provides guidance regarding the steps a plan administrator should take to fulfill his or her fiduciary duty to locate and distribute account balances to missing participants in terminated defined contrib
California - General
The California Legislature returned from its summer recess on August 4 for the sprint through the last days of the final year of the 2013-2014 session.