Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
Benefits - ACA
In the recently released Notice 2013-71, the Internal Revenue Service (IRS) modified the rules for flexible spending accounts (FSAs). As previously applied, the rules did not allow for carryover of employee salary reduction contributions, otherwise known as the “use-or-lose” rule. The Notice permits
Benefits - ACA
The Departments of Labor, Treasury, and Health and Human Services have released final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA), which requires parity between mental health or substance use disorder benefits and medical/sur
HR - Independent Contractors
The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor relationship and how not to lay the groundwork to defend that relationship in the e
FLSA - Hours Worked
On October 31, 2013, a Seventh Circuit panel decided, by a two to one vote, to reverse a district court’s decision granting summary judgment to the employer in a Fair Labor Standards Act (FLSA) collective action involving over 400 employees seeking overtime compensation for time spent at the work si
OSHA - Record Keeping
The Occupational Safety and Health Administration (OSHA) has issued a proposed rule that would require employers to submit their injury and illness survey data electronically. The proposal would not change the employer’s obligation to complete or retain the injury and illness recordkeeping informati
National Origin Discrimination
On Wednesday, November 13 at 9:30 a.m. ET, the Equal Employment Opportunity Commission (EEOC) will hold a public meeting on national origin discrimination in today’s workplace. Topics of discussion include various recruitment and hiring issues; discriminatory treatment in assignments; pay discrimina
FLSA - Industries and Occupations
On October 1, 2013, the Department of Labor's Wage and Hour Division (DOL) published a final rule in the Federal Register eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home care agencies and other companies. The new regulations
California - Wage & Hour
Despite the effort of the California Supreme Court to set forth definitive guidelines on meal and rest period obligations in last year’s seminal Brinker Restaurant decision, employees continue to bring numerous class actions alleging their employers have a common policy or practice of unlawfully den
New Jersey - Wage & Hour
New Jersey voters approved, 61 to 39 percent, an amendment to the state constitution that increases the state’s minimum wage to $8.25 per hour for non-exempt employees, a $1 per hour increase from the current $7.25 per hour minimum wage. Under the amendment, each year on September 30 the minimum wag
HR - Privacy & Surveillance
With audio recording applications (“apps”) often standard issue on ubiquitous smart phones, employees are now armed with a relatively inconspicuous way to capture their supervisor’s every gaffe. In September, a $280,000 jury verdict in favor of an employee on race and sex discrimination claims demon
HR - Corporate Accountability
The findings from a 2013 survey of “International Business Attitudes to Corruption” conducted by Control Risks and the Economist Intelligence Unit, two independent international business risks and opportunities consultancy firms, suggest that many companies are unprepared to handle a corruption scan
FLSA - Hours Worked
On Monday, November 4, the Supreme Court heard oral arguments in Sandifer v. United States Steel Corp. on the issue of the meaning of the term "clothes" in section 3(o) of the Fair Labor Standards Act (FLSA). Under the FLSA, generally, employees must be paid for donning and doffing protective clothi
Labor Law - General
An administrative law judge recently held that a hospital violated the National Labor Relations Act by refusing to provide the National Nurses Union (NNU) with copies of an internal nurse research and quality survey and staffing matrix. According to the ALJ, while substantial claims of confidentiali
Vermont
Effective January 1, 2014, Vermont’s minimum wage will increase from $8.60 to $8.73 per hour for non-exempt employees, the Vermont Department of Labor announced. For service or tipped employees, the minimum cash wage will increase from $4.17 to $4.23 per hour, and the maximum tip credit an employer
FLSA - Hours Worked
A decision by the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Louisiana, Mississippi, and Texas) illustrates and exacerbates the utter and unwarranted morass into which the calculation of overtime pay has descended in so-called "failed exemption" cases under the federal Fair Labor St
Benefits - General
The Internal Revenue Service has released a detailed list of pension plan and other retirement-related contribution limitations for Tax Year 2014 that were triggered by an increase in the cost-of-living index. As stated in the release, “[s]ome pension limitations such as those governing 401(k) plans
Benefits - ACA
On November 1, key House lawmakers sent a letter to the Secretary of the U.S. Department of Health and Human Services, requesting information on Affordable Care Act funding of so-called “worker centers.” Worker centers, also known as Union Front Organizations (UFOs), are typically non-profit organiz
Sex Discrimination - Orientation And Identity
The Senate voted 61-30 to allow a final vote on the Employment Non-Discrimination Act (ENDA) (S. 815) without the threat of a filibuster. All Democrats and seven Republicans voted in favor of proceeding. Introduced by Sen. Jeff Merkley (D-OR) and co-sponsored by 55 others, ENDA would prohibit certai
FLSA - Hours Worked
On Monday, November 4, the Supreme Court will hear oral arguments in Sandifer v. United States Steel Corp. on the issue of the meaning of the term “clothes” in Section 3(o) of the Fair Labor Standards Act. The Court’s decision will have a substantial impact on unionized employers in a wide variety o
HR - Whistleblowing
On Thursday the Senate Judiciary Committee unanimously approved the Criminal Antitrust Anti-Retaliation Act of 2013 (S. 42), a bill that would extend whistleblower protections to employees who report potential violations of antitrust and related criminal conduct. Notably, the measure does not provid