Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
Labor Law - NLRB
The U.S. Supreme Court issued its long-awaited opinion in Noel Canning v. NLRB this morning, upholding the D.C. Circuit’s finding that the President’s three recess appointments to the National Labor Relations Board when the Senate was still holding pro forma sessions were invalid. The decision, howe
California - Class Actions
In Iskanian v. CLS Transportation of Los Angeles,1 an important decision on employment agreements that contain pre-dispute class and collective action waivers, the California Supreme Court held that its prior decision in Gentry v. Superior Court2 was abrogated by U.S. Supreme Court precedent, and th
HR - General
In a rare act of bipartisan cooperation, the Senate on Wednesday approved by a vote of 95-3 a bill that reauthorizes and consolidates a number of federal job training programs. Among other things, the Workforce Innovation and Opportunity Act (WIOA) amends and reauthorizes the Workforce Investment Ac
FLSA - Federal Minimum Wage
On June 18, 2014, the Department of Labor issued proposed regulations to implement President Obama’s Executive Order1 raising the minimum wage to $10.10 per hour for many workers of federal contractors, and to $4.90 per hour for tipped employees of federal contractors. Annual cost of living increase
Labor Law - General
The U.S. Supreme Court is just days away from releasing its recess appointment opinion in Noel Canning, which will determine whether the National Labor Relations Board will have to revisit and re-decide thousands of decisions. The validity of President Obama’s recess appointments to the NLRB, howeve
HR - General
Continuing the theme of the Administration’s “opportunity for all” agenda, on Monday, June 23 the White House Council on Women and Girls, the Department of Labor (DOL), and the Center for American Progress (CAP) hosted a Summit on Working Families.
FLSA - General
Late last week the House of Representatives narrowly approved the inclusion of an amendment in the Department of Defense (DoD) appropriations bill that would prohibit the agency from using contractors that have incurred Fair Labor Standards Act (FLSA) violations within the past five years. Such viol
FMLA - General
The Department of Labor announced today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status.
FLSA - Overtime, General
Two months after President Obama issued an Executive Order directing the Department of Labor to "modernize and streamline" the agency’s "white collar" overtime exemption regulations governing the scope of the executive, administrative, professional, outside sales, and computer exemptions under the F
FMLA - Regulations
Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year later, on November 13, 2009, Ena’s physician restricted the number hours she co
California - General
On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures.1 The plaintiffs, nine California public school students, argued that the f
Labor Law - Protected Concerted Activity
On remand from the Ninth Circuit, the National Labor Relations Board held for the second time that an employer violated the National Labor Relations Act by terminating an employee who engaged in a profane and insubordinate outburst. The Board required the employer to reinstate the employee with back
Class Actions - General
A judge of the U.S. District Court for the Central District of California recently issued a pro-employer ruling with regard to the jurisdictional minimum amount in controversy required by the Class Action Fairness Act (CAFA) of 2005—an issue that has not been resolved by the Ninth Circuit Court of A
Sex Discrimination - Orientation And Identity
The White House on Monday announced that President Obama will soon issue an Executive Order (E.O.) banning certain federal contractors from discriminating against their employees on the basis of sexual orientation or gender identity. The E.O. is a means of enacting – if only for federal contractors
Connecticut - General
Connecticut recently made several important revisions to its paid sick leave law in response to requests by businesses for clarification of the law’s requirements. On June 6, 2014, Governor Dannel P. Malloy signed into law an amendment to Connecticut’s Paid Sick Leave Act (Act) that: 1) changes the
Labor Law - Protected Concerted Activity
The NLRB recently held that an employer lawfully terminated an employee for intentionally violating an overbroad and unlawful confidentiality rule. Flex Frac Logistics, 360 NLRB No. 120 (May 30, 2014). While the Board’s decision is a welcome change of pace, the result is very fact-specific. The empl
Labor Law - Protected Concerted Activity
In Food Services of America, Inc., 360 NLRB No. 123 (May 30, 2014), a Board panel majority (Hirozawa, Schiffer) struck down an employer’s solicitation policy and concluded that instant messages between two employees involving job security are protected concerted activity under the National Labor Rel
Benefits - ERISA
In 2011, the U.S. Supreme Court recognized, for the first time, that some forms of equitable relief could lead to an award of a monetary payment for breach of fiduciary duty under section 502(a)(3) of ERISA, 29 U.S.C. section 1132(a)(3).1 Although the Supreme Court did not define the elements of eac
Federal Gov't - General
The Department of Labor has issued a proposed rule to implement the new Executive Order (E.O) 13658 – Establishing a Minimum Wage for Contractors – which raises the minimum wage of certain federal contractors to $10.10 per hour starting January 1, 2015. Issued in February, the E.O. covers federal co
Puerto Rico
On May 30, 2014, a Puerto Rico Joint House and Senate Conference Committee approved a joint version of Senate Bill No. 501, which would have required all Puerto Rico employers to prohibit, prevent and remedy all forms of unjustified harassment and bullying in the workplace. This legislation faced wi