Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
Puerto Rico
Two recent rulings from the Puerto Rico Court of Appeals provide guidance as to what constitutes the transfer of a going business vis-à-vis the closing of a business, to determine whether the employer is liable for payment of severance to employees who are discharged within the context of those tran
Wisconsin - General
Wisconsin has become the thirteenth state to enact a law limiting the circumstances under which employers may request or require access to the personal internet accounts of applicants and employees. The 2013 Wisconsin Act 208,1 which amends the Wisconsin Fair Employment Act (WFEA) and will be enforc
California - General
The California Supreme Court recently heard oral arguments in an appeal brought by a former employee who claims the lower courts incorrectly determined that his disability discrimination claim was barred because he misappropriated someone else’s Social Security number to apply for the job.
Multinational Employers
The Secretary of the U.S. Department of Labor (DOL) and the Secretariat of Labor and Social Welfare of Mexico (STPS) signed an agreement on April 3, 2014, to strengthen the relationship between both nations and promote compliance of the labor laws of both countries, especially as it relates to the p
Labor Law - NLRB
Nearly 50 speakers have or are slated to testify during the National Labor Relations Board’s 2-day public meeting on the proposed expedited or “ambush” election rule. The Board sought input on approximately 20 different issues stemming from the proposed rule, which would make significant changes to
Labor Law - Union Organizing
During a Wednesday markup session, the House Committee on Education and the Workforce voted along party lines in favor of sending to the House floor two bills that would effectively prevent the National Labor Relations Board from moving forward with its proposed expedited or “ambush” election rule i
Labor Law - Protected Concerted Activity
A trio of recent cases highlights the National Labor Relations Board’s current focus on employer work rules and conduct policies. Under Section 8(a)(1) of the National Labor Relations Act, workplace rules that “explicitly restrict” an employee’s exercise of protected concerted activity are unlawful.
Affirmative Action - Veterans
As new regulations from the Office of Federal Contract Compliance Programs (OFCCP) go into effect, the OFCCP has released guidance and materials to help covered contractors comply with the new requirements. The new resources include a hiring benchmark database, an updated outreach resources director
FLSA - General
On April 8, 2014, the President signed an Executive Order prohibiting federal contractors from retaliating against employees who choose to discuss their compensation. The President also issued a Memorandum instructing the Secretary of Labor to establish new regulations requiring federal contractors
Sex Discrimination - Equal Pay
As expected, Senate supporters of the Paycheck Fairness Act (S. 2199) failed to muster the 60 votes needed to advance the bill to a floor vote. This bill would have, among other things, expanded damages available under the Equal Pay Act (EPA) to include potentially unlimited compensatory and punitiv
Labor Law - Protected Concerted Activity
The National Labor Relations Board (the Board) recently issued yet another decision invalidating common handbook policies and work rules. This case is the most recent in a long series of cases striking down common rules governing employee conduct. In Hills and Dales General Hospital, 360 NLRB No. 70
Labor Law - Protected Concerted Activity
On March 25, 2014, the National Labor Relations Board affirmed the Administrative Law Judge’s ruling that an employer violated various sections of the National Labor Relations Act by engaging in retaliatory acts against an employee for his conduct in representing a coworker at an investigatory inter
California - General
In Lane v. Francis Capital Mgmt. LLC (Cal. Ct. App. Mar. 11, 2014), a California Court of Appeal held a former employee’s claim for unpaid wages were exempted from arbitration by California Labor Code section 229.
Benefits - Retirees
On April 4, 2014, the Department of the Treasury issued its long-awaited supplemental guidance on when and how tax-qualified retirement plans (including 401(k) plans) must comply with Windsor v. United States, in which the Supreme Court held that federal laws must recognize valid same-sex marriages.
Federal Gov't - General
Because the House of Representatives is not expected to consider the Paycheck Fairness Act (S. 2199) this term, President Obama will reportedly implement provisions of this measure applicable to federal contractors via Executive actions on Tuesday. The move will coincide with Equal Pay Day, and is t
Immigration - Visas
U.S. Citizenship and Immigration Services (USCIS) announced on Monday, April 7, 2014 that it received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2015 during the first week of the filing period, which ran from April 1, 2014 to April 7, 2014. USCIS also confirmed
Puerto Rico
A recent ruling by the United States District Court for the District of Puerto Rico clarifies that Law 44, Puerto Rico’s counterpart to the federal American with Disabilities Act (ADA), applies only to employers and does not provide for individual liability. Accordingly, claims brought against indiv
Sex Discrimination - Equal Pay
Because the House of Representatives is not expected to consider the Paycheck Fairness Act (S. 2199) this term, President Obama will reportedly implement provisions of this measure applicable to federal contractors via Executive actions on Tuesday. The move will coincide with Equal Pay Day, and is t
Puerto Rico
A recent ruling by the Puerto Rico Supreme Court interprets relevant sections of Act 59, known as the “Act to Regulate Controlled Substances Detection Tests in the Private Work Sector”, to clarify that, when subjecting employees to undergo drug testing, hair samples can be used only when the circums
Benefits - ACA
As expected, the House of Representatives approved legislation on Thursday that would change the definition of “full-time employee” under the Affordable Care Act. Under the healthcare law’s employer responsibility requirements, an employer with 50 or more full-time or full-time equivalent employees