Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
California - Cal/OSHA
California’s now familiar one-hour-of-pay premiums for missed meal and rest periods will gain more “heat” on January 1, 2014, when a one-hour-of-pay premium will be required for each day an employer fails to provide “recovery periods” to avoid heat-related illness for employees who work outside. The
Immigration - Employment Eligibility
The Department of Homeland Security (DHS) announced on October 17, 2013 that E-Verify is once again available for use by employers following the end of the government shutdown. During the government shutdown, E-Verify users were unable to access their accounts, verify the employment authorization of
Labor Law - NLRB
Now that the government shutdown has finally ended, federal agencies have been fielding questions about adjusted filing deadlines and procedures. As previously discussed, when the shutdown first began, the National Labor Relations Board issued a directive granting parties an extension of time to fil
California - General
On the heels of the U.S. Department of Labor’s expansion of the Fair Labor Standards Act’s minimum wage and overtime rules to home care workers, California home care agencies will face another challenge with the recent passage of the Home Care Services Consumer Protection Act (AB 1217). This law pro
Labor Law - NLRB
While attention was diverted to the eleventh-hour efforts to craft and pass a deal avoiding a fiscal crisis and reopening the federal government, Senate Majority Leader Harry Reid (D-NV) on Wednesday filed a motion to proceed with consideration of Richard Griffin, Jr., to be the General Counsel of t
New York - Wage & Hour
The New York Department of Labor (NYDOL) issued final regulations, effective October 9, 2013, which explain how and when employers may make deductions for wage overpayments due to mathematical or clerical errors and for repayments of salary or wage advances.1 The final regulations include minor chan
California - General
Partly in response to the inaction in Washington on immigration reform, the California Legislature, in the annual session concluded in mid-September,1 passed several bills which were signed by Governor Brown that either create or increase penalties for employers that consider an applicant's or emplo
FMLA - General
Linette Williams-Grant had a week worthy of Judith Viorst's classic children's story Alexander and the Terrible, Horrible, No Good, Very Bad Day, which (as an aside) is one of my all time favorites to read to my young children, particularly after a bad day.
West Virginia
Last month, the Supreme Court of Appeals of West Virginia ruled that a sheriff’s deputy failed to state a claim for invasion of privacy with respect to a drug test.
Federal Gov't - General
In 2011, Congress passed the Unemployment Insurance Integrity Act (Act) as part of the Trade Adjustment Assistance Extension Act of 2011 (TAAEA).1 While the TAAEA was primarily concerned with extending retraining assistance for employees displaced by foreign workers, the roughly three-page Act requi
FLSA - Overtime Exemptions
In Anani v. CVS RX Services, Inc., the U.S. Court of Appeals for the Second Circuit affirmed a New York district court decision finding a pharmacist exempt from overtime under the Fair Labor Standards Act because he met the “highly compensated employee” exemption. The decision is significant because
Benefits - ACA
While the federal government remained on shutdown mode, the House Small Business Committee, Subcommittee on Health and Technology held a hearing on Wednesday to discuss how the Affordable Care Act’s (ACA) definition of “full-time employee” will impact small businesses. Under the healthcare law’s emp
New York - Human Rights Law
On October 2, 2013, Mayor Michael Bloomberg signed into law an amendment to the New York City Human Rights Law (NYCHRL) that requires employers with four or more employees to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions, unless the employer can prove th
Religious Discrimination - General
In 1996 Bruce Anderson, the “Vegan Bus Driver,” gained renown when he was fired from an Orange County, California transit authority for refusing to distribute hamburger coupons as part of a promotional campaign. Anderson filed a charge of religious discrimination with the Equal Employment Opportunit
California - General
On October 5, 2013, California Governor Edmund G. Brown, Jr. signed several pieces of immigration-related legislation that will benefit undocumented residents. The office of the Governor described the laws as designed to “enhance school, workplace and civil protections for California’s hardworking i
Immigration - General
On October 2, 2013, Rep. Joe Garcia (D-FL) introduced the Border Security, Economic Opportunity, and Immigration Modernization Act (H.R. 15), a comprehensive immigration reform bill modeled on Senate bill 744, which the Senate approved on June 27, 2013. As of October 6, the bill had 161 co-sponsors.
Maryland
In late September, a federal court in Maryland ruled that the state drug and alcohol testing statute does not permit employers to conduct breath alcohol tests.
California - Wage & Hour
After the tortuous appellate process that finally resulted in the seminal California Supreme Court Brinker Restaurant Corporation1 decision defining the legal duty to provide a meal period and authorize rest breaks, you might have thought the battle was over, at least for Brinker Restaurants. You wo
Immigration - General
The U.S. Department of Labor announced on October 1, 2013 that the Office of Foreign Labor Certification (OFLC) will neither accept nor process any applications or related materials (such as audit responses) it receives, including Labor Condition Applications, Applications for Prevailing Wage Determ
Federal Gov't - General
Now that all indices point to a more prolonged federal government shutdown than originally anticipated, agencies have issued additional information about their limited functions during this period. As previously discussed, the Department of Labor, Equal Employment Opportunity Commission, and Nationa