Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
Immigration - Employment Eligibility
The Department of Homeland Security (DHS) announced on October 1, 2013 that E-Verify will be unavailable during the federal government shutdown. Employers will be unable to access their E-Verify accounts, and E-Verify customer support and related services will be closed. This means that employers wi
HR - Whistleblowing
In the last decade, healthcare providers have seen a steady rise in whistleblower lawsuits under the False Claims Act (FCA). A recent settlement out of the Northern District of Florida underscores the high cost of resolving such claims, which typically involve allegations of fraudulent billing pract
Taxes (Title VII)
The U.S. Supreme Court has agreed to consider whether severance payments made to employees who are terminated are subject to Social Security and Medicare taxes (“FICA” taxes). In United States v. Quality Stores, Inc., No. 10-1563 (6th Cir. Sept. 7, 2012), the U.S. Court of Appeals for the Sixth Circ
California - Wage & Hour
For the first time since 2006, California's Legislature passed legislation increasing the state's current minimum wage of $8 per hour. Governor Brown signed the bill on September 25, 2013.
Federal Gov't - General
With the prospect of a federal government shutdown becoming closer to a reality, several agencies have issued their contingency plans, explaining which operations would continue, and which functions would come to a halt during the shutdown period. According to these plans, most non-essential tasks c
FMLA - ADA, Interplay
Over the past several months, a number of employers have asked me when the Department of Labor would be issuing the Spanish version of its new DOL poster (which accounts for the new regulations issued earlier this year). The time has come - the poster is here.
HR - Whistleblowing
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a series of interim rules amending the Federal Acquisition Regulation (FAR) to implement portions of the National Defense Authorization Act (NDAA) for Fiscal Y
Labor Law - General
As part of its new initiative to court younger affiliates and expand its membership, the AFL-CIO has entered into a National Partnership Agreement with the United Students Against Sweatshops (USAS), touted as “the nation's largest youth-led campaign organization dedicated to building a student-lab
HR - Background Checks
The Equal Employment Opportunity Commission (EEOC) recently responded to a letter sent by a number of state attorneys general urging the agency to reconsider its guidance on the use of criminal background checks in employment. The guidance at issue – Consideration of Arrest and Conviction Records in
FLSA - Industries and Occupations
On September 17, 2013, the Department of Labor's Wage and Hour Division (DOL) announced a final rule 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, which go into effec
HR - Free Speech Protections
The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign page of his boss' political adversary engaged in speech protected by the Fi
Virginia
In Assurance Data, Inc. v. John Malyevac, No. 121989 (Sept. 12, 2013), the Supreme Court of Virginia held that the Fairfax County Circuit Court had been too quick to rule on the enforceability of a covenant not to compete, reversing the court’s dismissal of the employer’s complaint and remanding the
Class Actions - General
The Class Action Fairness Act (CAFA) was enacted in 2005 to make it easier for out-of-state defendants to remove interstate class actions to federal court. As the Senate Judiciary Committee's Report noted at the time, plaintiffs’ attorneys were filing nationwide class actions and “carefully crafting
Benefits - ERISA
In Scarangella v. Group Health, Inc., the U.S. Court of Appeals for the Second Circuit recently applied the Supreme Court’s decision in Hardt v. Reliance Std, Life Ins. Co., requiring a party to show that they achieved “some degree of success on the merits” before recovering attorney’s fees in an ac
Labor Law - General
On August 26, 2013, in Waugh Chapel South, LLC v. UFCW (4th Cir. 2013), the U.S. Court of Appeals for the Fourth Circuit delivered a victory, in part, to employers and, in part, to labor. In its decision, the Fourth Circuit expanded the scope of activity subject to the secondary boycott proscription
FMLA - General
We have been sitting on the edge of our seat [ok, perhaps I'm on the seat alone] as we await the Department of Labor's anticipated regulations interpreting how the Supreme Court's DOMA decision impacts the definition of "spouse" under the Family and Medical Leave Act.
California - General
Saving the best for last: The hundreds of bills passed in the California Legislature’s last two weeks of the 2013 session are either on, or still making their way to, Governor Jerry Brown’s desk. He has until the second weekend in October to sign or veto them. Historically, the governor’s veto rate
Minnesota - General
The Minnesota Court of Appeals recently upheld a district court opinion holding: (1) a hospital medical staff was not a separate legal entity with capacity to sue; and (2) the bylaws governing a hospital medical staff do not create a contractual relationship. Medical Staff of Avera Marshall Regional
Benefits - HIPAA
The U.S. Department of Health and Human Services (HHS) has made available a series of model Notices of Privacy Practices for health care providers and health plans. Changes to privacy regulations known as the HIPAA/HITECH Omnibus Final Rule went into effect in late March 2013. The safe harbor compli
Labor Law - General
During a hearing conducted by the House Subcommittee on Health, Employment, Labor, and Pensions, Littler Shareholder Stefan Marculewicz explained the role that worker centers, also referred to as union front organizations (UFOs), play in modern labor organizing. Such worker centers, Marculewicz test