Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
Immigration - Visas
Employers who wish to sponsor H-1B workers for Fiscal Year 2015 can begin filing petitions on April 1, 2014 for a start date of October 1, 2014. The H-1B visa is used by businesses to employ foreign nationals to work in a specialty occupation requiring theoretical or technical expertise. For FY 2015
Immigration - Employment Eligibility
United States Citizen and Immigration Services (USCIS) has launched a new customer service enhancement to E-Verify, the Internet-based employment eligibility verification program that compares information on an employee’s Form I-9 with data in Social Security Administration (SSA) and Department of H
HR - Social Networking Issues
The pervasive use of Facebook, email, LinkedIn, and other forms of social media “presents new opportunities as well as questions and concerns," according to Equal Employment Opportunity Commission (EEOC) Chair Jacqueline Berrien at Wednesday’s public meeting. The meeting was held to pinpoint the var
Title VII - General
Members of the House and Senate on Thursday introduced legislation that would effectively overturn last year’s U.S. Supreme Court’s decision in Vance v. Ball State University. In Vance, the Court held that an employee is not a “supervisor” – and therefore does not subject the employer to vicarious l
FMLA - Regulations
I received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act.
Affirmative Action - OFCCP
During a hearing conducted by the House Subcommittee on Workforce Protections, Littler’s David Goldstein testified about the Office of Federal Contract Compliance Programs’ (OFCCP) persistent attempts to assert jurisdiction over many healthcare providers based on TRICARE participation. TRICARE is th
FLSA - Overtime, General
All three branches of government took aim at increasing employee pay on Wednesday. At the executive level, several news outlets have reported that the President on Thursday will direct the Department of Labor’s Wage and Hour Division (WHD) to revise its long-standing overtime regulations. At the reg
Class Actions - General
In Rea v. Michaels Stores, a recent per curiam decision by the Ninth Circuit Court of Appeals, the court held that the employer had timely and properly removed a class action to the U.S. District Court for the Central District of California under the Class Action Fairness Act (“CAFA”).
HR - Background Checks
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Federal Trade Commission (FTC) have issued joint guidance to employers, employees and job applicants on the use of background checks in employment. The tip sheets do not deviate from prior agency guidance on this topic, but rather
FLSA - Overtime, General
In a pair of appeals that will have significant implications for employers that utilize the fluctuating workweek (FWW) method of calculating overtime compensation, the U.S. Courts of Appeals for the Second and Sixth Circuits are considering whether the payment of incentive compensation (in addition
Labor Law - General
Last week, NLRB General Counsel Richard Griffin issued a memorandum to the National Labor Relations Board’s Regional Directors, outlining legal issues that the Regions cannot address without first submitting to the Board’s Division of Advice in Washington, DC. The memorandum includes a lengthy list
Religious Discrimination - Dress Code And Grooming
The Equal Employment Opportunity Commission (EEOC) has released two new technical assistance documents governing religious dress and grooming and Title VII compliance. The first document, Religious Garb and Grooming in the Workplace: Rights and Responsibilities, discusses the interplay between emplo
Federal Gov't - DOL
Perhaps due to the increased scrutiny business advocacy groups have placed on the implications of the DOL’s anticipated revisions to the “persuader” regulations, the agency has said it is once again delaying the final rule’s release.
Federal Gov't - EEOC
Last month, the EEOC recently updated its charge statistics for 2013. This information comes at the heels of an updated enforcement plan released late last year. With the benefit of a little time, a deeper look at these numbers reveals some important messages for organizations looking to focus their
HR - Whistleblowing
In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are “contractors,” “subcontractors” or “agents” of a publicly held company. Going forward,
Benefits - ACA
Despite the many Affordable Care Act (ACA) implementation delays, rules governing the healthcare law’s various provisions have not stopped coming. On Wednesday, the IRS released two new rules related to ACA employer reporting requirements. The first rule, Information Reporting by Applicable Large Em
Class Actions - Certifications
The recent decision by the federal district court for the Southern District of California in Coleman v. Jenny Craig, Inc. is a welcome decision for employers in the spate of post-Brinker meal break cases. In denying reconsideration of its decision denying class certification, the court rejected the
FLSA - Hours Worked
The U.S. Supreme Court granted certiorari on March 3, 2014, in the matter styled Integrity Staffing Solutions v. Busk, to review the compensability of time spent in security screening under the Fair Labor Standards Act (FLSA). At issue is the recent decision from the Ninth Circuit holding that emplo
California - General
So far, as the second year of a two-year California legislative session, 2014 has been more noteworthy for what hasn’t happened, than for what has. The Legislature made no attempts to override any of the Governor’s 2013 end-of-session vetoes. Rather, legislators have re-introduced bills to try again
Illinois - General
The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA)1 violates procedural due process rights and is impermissibly vague. The ECA sets parameters for lawfully classifying workers as independent contr