Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
Texas
On May 28, 2014, the Houston City Council passed the city's first ordinance to ban discrimination in private workplaces, and to expand the types of prohibited discrimination for employers subject to this ordinance, as noted below. Houston is one of the last major cities in the United States to adopt
FMLA - General
There must be something in the water, but several clients have asked me this week whether they are required to pay an employee for the Memorial Day holiday even though the employee was out on FMLA leave. Interesting question, and the answer is fairly straightforward: treat them the same way you woul
FLSA - Overtime Exemptions
Once again, federal agencies quietly released their semi-annual regulatory agendas on the eve of a long holiday weekend, and on the same day President Obama announced his nomination of Shaun Donovan to lead the Office of Management and Budget (OMB). Twice a year, agencies set forth all rulemaking it
New York - General
On May 22, 2014, the City of Rochester became the second city in New York to “ban the box,” by adopting legislation restricting the timing of pre-employment inquiries by most Rochester public and private employers into a candidate’s criminal history. Rochester joins Buffalo,1 as well as Baltimore, N
HR - Background Checks
On May 22, 2014, one year after the city of Buffalo, NY, passed its ordinance restricting employers’ inquiries into criminal history, its neighbor across the Niagara isthmus, Rochester, NY, enacted a similar “ban-the-box” law. Rochester’s legislation comes just one week after Baltimore, MD, enacted
OSHA - Whistleblower Protections
During a Senate subcommittee hearing on whistleblowing last month, Occupational Safety and Health Administration (OSHA) Assistant Secretary David Michaels lamented the relatively short 30-day statute of limitations for filing a whistleblower claim under section 11(c) of the OSH Act. According to Mic
FMLA - Intermittent Leave
Over the past few weeks, I have had the pleasure of presenting on complex FMLA issues for attorneys and HR professionals attending several seminars sponsored by the National Employment Law Institute (NELI), which puts on some of the best employment law seminars in the country (my session, of course,
FLSA - Employees Covered
In the most recent development in the wave of wage and hour class and collective actions by unpaid interns, two different federal judges in the New York District Court for the Southern District of New York recently decided whether to conditionally certify putative collective actions filed by unpaid
Minnesota - General
Minnesota Governor Mark Dayton celebrated Mother's Day by signing the Women's Economic Security Act (WESA), a nine-part law intended to break down barriers for women in the workplace.1 Of particular importance to state contractors is a provision amending the Minnesota Human Rights Act to require cer
Sexual Harassment - Harassment By Non-Employees
In its first published opinion on the topic, the U.S. Court of Appeals for the Fourth Circuit recently ruled in Freeman v. Dal-Tile Corp. that an employer is liable for harassment by a third party when the employer knows or reasonably should have known about the harassment and fails to take prompt,
Minnesota - Human Rights Act
This week, Minnesota passed the Women’s Economic Security Act (WESA), a nine-part law intended to break down barriers for women in the workplace. Of direct interest to employers, the law protects employees’ discussion about wages, requires certain state government contractors to certify their compli
FMLA - Regulations
Here’s a shout out to all you employers out there who forget to send your employees the proper FMLA notices when they seek leave for a reason covered by the FMLA. Occasionally, the courts have your back, despite your lack of attention to detail.
Maryland
On May 15, 2014, the City of Baltimore, Maryland, became the tenth U.S. jurisdiction to "ban the box" by passing legislation restricting private employers from inquiring into the criminal history of job applicants.
Benefits - ACA
Over the past several years, we have written repeatedly about the efforts of the Office of Federal Contract Compliance Programs (the OFCCP) to gain jurisdiction over health care providers based solely on providers' participation in TRICARE – the federal program that provides health care services to
Labor Law - NLRB
The National Labor Relations Board (NLRB) recently issued two significant decisions on the same day (May 9) that highlight contrasting methods of issuing dissents.
Federal Gov't - EEOC
Recently, the Chicago District Office of the Equal Employment Opportunity Commission (EEOC) sued CVS Pharmacy, Inc. because CVS required employees to sign a release that the EEOC claims was “overly broad, misleading, and unenforceable” due to provisions in the release which allegedly infringed on th
Tennessee - General
Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014.1 Three weeks after Wisconsin became the 13th state to adopt its own social media password protection law, on April 29, 2014, Tennessee Governor Bill Haslam signed hi
Immigration - Visas
On May 6th, 2014, the Department of Homeland Security (DHS) announced its plans to attract and retain highly skilled immigrants through two proposed rule changes. The proposed rule changes would allow employment authorization for certain spouses of H-1B workers, and would make it easier for highly s
California - Cal/OSHA
California lawmakers are considering a bill (SB 1299) sponsored by the California Nurses Association/National Nurses United to address workplace violence against healthcare workers. The bill was prompted in large part by two recent attacks on nurses in Los Angeles-area hospitals, in which one nurse
Multinational Employers
Mexico’s Federal Conciliation and Arbitration Board recently published regulations to set a uniform standard for all labor boards to follow when determining whether outsourcing has occurred. These regulations, entitled “Employment Relationship within the Outsourcing Framework” (“Relación de Trabajo