Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
HR - General
On November 20, 2013, Fred Tilton, the Federal Aviation Administration's (FAA) Federal Air Surgeon, announced a New Obstructive Sleep Apnea Policy1 (Policy) the FAA will be "releasing shortly."2 Under the Policy, aviation medical examiners (AMEs) must calculate the Body Mass Index (BMI) – a method f
FMLA - General
According to a recent CareerBuilder survey, nearly one-third (32 percent) of your employees have called in sick when they're not actually sick. Perhaps just as notable, 30 percent of your employees admit that they have reported to work despite actually being sick. The reason? So they can save their
Wisconsin - General
While some states are clamoring for stricter laws concerning mandatory influenza vaccinations, some lawmakers in Wisconsin have taken the opposite approach. A public hearing was held on November 13, 2013 regarding Assembly Bill 247, which would prohibit Wisconsin employers – including healthcare emp
Oregon - General
On November 1, 2013, the City Attorney’s office published Administrative Rules to help implement Portland’s new Sick Leave Ordinance. Under the ordinance, beginning January 1, 2014, private-sector employers doing business in Portland that have six or more employees will be required to provide qualif
Benefits - ACA
Senators John Thune (R-SD), Lamar Alexander (R-TN) and Orrin Hatch (R- UT) introduced a bill (S. 1724) yesterday that would prevent the administration from exempting multi-employer health plans from a $63 reinsurance fee the Affordable Care Act (ACA) will impose on each enrollee in self-funded and f
FLSA - Industries and Occupations
During a House Subcommittee on Workforce Protections hearing – Redefining Companion Care: Jeopardizing Access to Affordable Care for Seniors and Individuals with Disabilities – panelists and lawmakers highlighted problems that await home care providers, workers, and care recipients when the Departme
Benefits - 401(k)
On November 15, 2013, the Internal Revenue Service issued final regulations on mid-year reductions or suspensions of “safe harbor” contributions made to 401(k) plans under Internal Revenue Code (“Code”) Section 401(m)(13). The final regulations revised the proposed regulations, issued May 8, 2009.
FMLA - Regulations
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? What law applies and what are the obligations for an employer in this situation?
HR - Whistleblowing
According to the Securities and Exchange Commission’s (SEC) 2013 Annual Report to Congress on the Dodd-Frank Whistleblower Program, the agency awarded four whistleblowers a total of $14,831,965.64 during the fiscal year. More than $14 million of that sum was given to a single whistleblower. Under th
Benefits - Retirees
The First Circuit recently issued a decision in Bonneau v. Plumbers & Pipefitters Local 51 Pension Trust Fund, No. 13-1515 (1st Cir. Nov. 15, 2013). This interesting case addresses an open question – when a pension plan is amended to enhance benefits based on prior service, are those benefit enhance
California - Restrictive Covenants
On October 15, 2013, California’s Fourth Appellate District held that claims for breach of contract, breach of fiduciary duty, unfair competition, interference with business relations, and conversion are not preempted by California’s Uniform Trade Secrets Act (UTSA). The case is in Angelica Textile
Benefits - ACA
In the wake of a political firestorm brewing around cancelations of individual health insurance policies, last week President Obama announced a rule change that would potentially allow some individuals to remain on their current health insurance policy for an additional year. The White House “fix” a
Benefits - ACA
We previously described and analyzed the U.S. Court of Appeals for the Tenth Circuit’s en banc decision in Hobby Lobby Stores, Inc. et al. v. Sebelius, No. 12-6294 (10th Cir. June 27, 2013), which held that for-profit religious employers possessed standing under the Religious Freedom and Restoration
OSHA - General
According to the Bureau of Labor Statistics’ (BLS) annual Workplace Injury and Illness Summary, private sector employers reported approximately 3 million nonfatal workplace injuries and illnesses in 2012, or about 3.4 instances per 100 full-time equivalent workers, down from 3.5 instances per 100 wo
HR - Background Checks
As privacy professionals know too well, organizations that handle personal information, especially personal information that can trigger security breach notification obligations, have an overwhelming need to screen out untrustworthy applicants from positions that permit access to such data. One tool
HR - Independent Contractors
During Tuesday’s Senate Subcommittee hearing – Payroll Fraud: Targeting Bad Actors Hurting Workers and Businesses – Senator Robert P. Casey, Jr. (D-PA) announced that he, along with Senators Tom Harkin (IA) and Sherrod Brown (D-OH), had that day introduced the Payroll Fraud Protection Act of 2013 (S
FMLA - General
Kris was forced to endure the unthinkable: her daughter had just become the victim of a sexual assault. In the weeks that followed, Kris alerted her employer of the assault and the care her daughter would require in the time ahead. Kris suffered too. As her doctor would later report, she had crying
Lawyering - General
On November 4, 2013, the U.S. District Court for the Northern District of California denied a motion filed by a company to dismiss a lawsuit brought by a former Libya-based employee. This decision ended the company's unsuccessful attempts to remove to the Libyan judicial system a complaint filed in
Missouri - Wage & Hour
he Missouri Department of Labor & Industrial Relations has announced that, effective January 1, 2014, the state minimum wage will increase from $7.35 to $7.50 per hour for non-exempt employees.
Arizona
On October 17, 2013, in Orca Communications Unlimited v. Noder, Pitch Public Relations, the Arizona Court of Appeals held the confidentiality, non-solicitation, and non-competition provisions of an employment agreement between an employer and its former president were overly broad and unenforceable.