Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
California - Cal/OSHA
A California Court of Appeal recently issued a short 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 for business expenses. In light of this decision, employers should conduct a careful and wi
Maryland
On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that employers can be held liable under the Maryland Wage Payment and Collection Law ("Wage Payment Law" or MWPCL) for all overtime violations, including allegations of misclassification under the Fair L
Labor Law - Protected Concerted Activity
A National Labor Relations Board (NLRB) Regional Director is pursuing a set of complaints against a Maryland-area contractor, accusing the contractor of retaliating against immigrant employees for bringing a Fair Labor Standards Act (FLSA) action and attempting to unionize. The matter has drawn the
Illinois - Wage & Hour
Payroll debit cards, or paycards, work similarly to credit cards or bank debit cards. Every payday, the employer loads the card with the net wages the employee is due to receive. The employee then has a choice to go to a bank and withdraw the entire sum, or to use the card as one would use a credit
New Jersey - General
On August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act,” which restricts the ability of covered employers to inquire into, and use, criminal records. New Jersey’s so-called “ban-the-box” law, which will be effective March 1, 2015, follows closely on the heels o
Puerto Rico
The Puerto Rico (PR) Treasury has issued Administrative Determination Letter 14-16 of August 6, 2014 (AD 14-16) providing rules governing the pre-payment of amounts accumulated under a retirement plan at a special reduced tax rate, allowed under Act 77 of July 1, 2014 (Act 77). The PR Treasury has a
Class Actions - General
In Chapman v. BOK Financial Corp., a federal court in Oklahoma found that the plaintiff loan officers failed, as a matter of law, to establish a willful violation of the Fair Labor Standards Act (FLSA) and dismissed those claims that were time-barred by the FLSA’s standard two-year limitations perio
Affirmative Action - OFCCP
On April 8, 2014, President Obama issued a Presidential Memorandum – Advancing Pay Equality Through Compensation Data Collection – directing the Department of Labor to issue regulations within 120 days that will require federal contractors and subcontractors to submit to the DOL summary data on the
Benefits - ACA
The Affordable Care Act ("ACA") and its regulations have been incorporated into the Puerto Rico Health Insurance Code, as amended, and guidance has been issued by the Office of the Insurance Commissioner to such effect. The Department of Health & Human Services (“HHS”), however, has recently clarifi
FMLA - Regulations
With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of Eligibility, medical certification, or the Designation Notice — typically get sent
Labor Law - Weingarten Rights
The National Labor Relations Board, in its July 31, 2014 decision in Ralph’s Grocery Co., 361 N.L.R.B. No. 9 (2014), ruled that so-called “Weingarten rights” – the general right of a unionized employee to request union representation in connection with an investigatory interview that could lead to d
Immigration - General
The Department of State (“DOS”) has announced that it has been experiencing technical operational issues with its visa issuance system. The issues affect DOS’ ability to print nonimmigrant visas, commonly known as visa stamps. The issues began on July 20 and, as of July 31, have impacted about half
Rhode Island
Rhode Island recently became the fifth state in 2014 and the 17th state nationwide to enact legislation restricting access by employers to applicants' and employees' personal online content.1 The Rhode Island law follows similar laws enacted this year by Wisconsin, Tennessee,2 Oklahoma, and Louisian
California - Wage & Hour
In Rhea v. General Atomics, the California Court of Appeal issued an important ruling confirming that employers may require salaried exempt employees to use accrued vacation/PTO time for partial day absences in any increment, including increments of less than four hours, without violating the salary
Affirmative Action - OFCCP
The White House has issued another Executive Order (EO) aimed at federal contractors, and it is the most sweeping order to date. The EO, titled "Fair Pay and Safe Workplaces," was issued July 31, 2014 and is intended – according to the accompanying White House Fact Sheet – to "crack[] down on federa
Class Actions - General
The swelling tide of class action litigation against employers under the Fair Credit Reporting Act (FCRA) is unmistakable. It cuts across all industries, including retailers, restaurant chains, theatre chains, manufacturers, financial institutions and transportation companies. To illustrate how the
Federal Gov't - General
A day after the House of Representatives voted in favor of filing a lawsuit against the President for allegedly overstepping his executive authority, the White House has announced there will be yet another Executive Order (E.O) aimed at federal contractors.
Labor Law - General
In a move that could have a dramatic impact on numerous businesses across the country, National Labor Relations Board General Counsel Richard Griffin announced on July 29, 2014, that his office intends to name a parent franchisor as a respondent in cases involving alleged unfair labor practices comm
Labor Law - Bargaining Units
In a move that could have a dramatic impact on the franchise business model, National Labor Relations Board General Counsel Richard Griffin has announced that his office intends to name a parent franchisor as a respondent in cases involving alleged unfair labor practices committed by franchisees if
FMLA - Serious Health Conditions
In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are covered. When I try to explain the difference in FMLA training sessions for