Sunday, July 5, 2026Labor & Employment Law
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Labor Law - General
The AFL-CIO kicked off its annual convention on Sunday with the expected amount of fanfare. As we have discussed in detail, the labor organization is in the process of reinventing itself in an effort to boost its declining membership.
Affirmative Action - Veterans
On August 27, 2013, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued a pre-release of the final version of its revised affirmative action regulations for protected veterans and individuals with disabilities. The OFCCP anticipated that these final regulations wi
FLSA - Hours Worked
On August 30, 2013, in Adair v. ConAgra Foods, Inc., the U.S. Court of Appeals for the Eighth Circuit ruled that time spent by unionized employees walking to and from time clocks after donning and doffing protective clothing was not a “principal activity” for which compensation was required under th
Missouri - General
On August 27, 2013, the Missouri Supreme Court issued an opinion that significantly changes the way employers will have to approach raising objections to improperly filed charges of discrimination under the Missouri Human Rights Act (MHRA).1 In a stunning change of MHRA jurisprudence, the opinion al
Benefits - General
The Department of Labor’s Employee Benefits Security Administration (EBSA) has issued its 16th set of Frequently Asked Questions (FAQs) on the Affordable Care Act’s (ACA) implementation. The latest guidance addresses questions on the notice of coverage options available through the future health exc
New Jersey - General
On August 29, 2013, New Jersey became the twelfth state to enact social media password protection legislation, continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted, personal social media content of applicants and employees.1 The new law becom
FMLA - General
Hello...hello...hello...is there anybody in there? Just nod if you can hear me. Is there anyone home?
California - General
We are now in the last two weeks of the 2013 California legislative session. August 30 was the formal deadline for any bills to be acted upon to clear the fiscal committees of either house this session. From here on out, according to the legislative calendar, there will be floor sessions only -- no
Labor Law - General
Now that two federal appellate courts have invalidated the National Labor Relations Board’s rule requiring private sector employers to post a notice informing employees of their rights under the National Labor Relations Act, the Board has developed a new way to disseminate this information. On Augus
Restrictive Covenants
Although the Computer Fraud and Abuse Act (CFAA) is mainly a criminal statute designed to prevent hacking, it also prohibits an employee from accessing an employer’s computers “without authorization” or in a manner that “exceeds authorized access.” Employers typically attempt to invoke the CFAA when
New Jersey - Unemployment
On August 19, 2013, New Jersey enacted legislation implementing the federal Trade Adjustment Assistance Extension Act, which penalizes employers who fail to timely respond to requests for information from state unemployment offices. The legislation amends New Jersey’s Unemployment Compensation Law a
Sex Discrimination - Orientation And Identity
After months of speculation, the Internal Revenue Service published guidance on August 29, 2013 regarding the treatment of same-sex spouses under the Internal Revenue Code. In Revenue Ruling 2013-17, the IRS confirmed that it will consider a same-sex couple married for federal tax purposes if they w
Labor Law - General
In Community Options NY, Inc., 359 NLRB No. 165 (2013), the Board condoned the bribing of employees to vote against decertification by waiving union dues. Strong words, but no other conclusion can be reached after reviewing the Board’s decision.
Labor Law - Union Organizing
A Michigan district court recently granted a union’s summary judgment motion to enforce an arbitrator’s decision that struck down the hospital’s new method of scheduling nurses’ shifts. In enforcing the arbitrator’s decision, the court relied on the fact that the collective bargaining agreement (CBA
Benefits - ACA
The Internal Revenue Service has released its final rule governing the Affordable Care Act’s (ACA) shared responsibility provision requiring most individuals to obtain minimal essential health coverage or pay a penalty, commonly referred to as the individual mandate. Although the employer mandate ha
Class Actions - Wage & Hour
Last week, the United States Court of Appeals for the Ninth Circuit became the latest federal appellate court, joining the Eighth and Second Circuits, to reject the National Labor Relations Board’s analysis in D.R. Horton, Inc.
Nevada - General
There have been several notable and recent developments in Nevada employment law both through enacted legislation and advisory opinions issued by the Nevada Labor Commissioner. Specifically, the legislature has passed a law limiting employer access to employee and applicant social media information.
New Jersey - General
With New Jersey poised to become the twelfth state to enact a social media password protection law and scant case law addressing the circumstances when and how an employer can lawfully access employees’ restricted social media content, last week’s decision by a federal district court in New Jersey p
Labor Law - General
In July 2013, the AFL-CIO released a report in advance of its annual convention that provides a blueprint of how the labor movement intends to reinvent itself. The document – Interim Report to the AFL-CIO Executive Council on AFL-CIO Pre-Convention Outreach and Engagement – discusses the organizatio
Affirmative Action - Veterans
As expected, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has wasted no time in finalizing rules amending federal contractor affirmative action requirements for veterans and individuals with disabilities. The first rule amends regulations governing the Vietnam Era