Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
Federal Gov't - EEOC
Weeks after the National Labor Relations Board entered into a cooperation agreement with Mexico, the Equal Employment Opportunity Commission has taken similar steps. On Aug. 8, the EEOC announced that its Miami district office had signed a Memorandum of Understanding (MOU) with the Consulate General
HR - Background Checks
On August 9, 2013, a federal district court judge in Maryland dismissed, without a trial, the Equal Employment Opportunity Commission’s (EEOC) Title VII suit against Freeman over alleged discriminatory background checks based largely on fatal flaws in the EEOC’s expert report—described by the court
Massachusetts - General
Nearly 10 years ago, California became the first – and so far only – state to pass a law mandating hospitals assign a certain number of patients to each nurse. As we reported in May, a growing number of legislatures in other states have or are currently considering nurse-to-patient ratio legislation
Benefits - ACA
A recently released Equal Employment Opportunity Commission (EEOC) information letter (EEOC Letter),1 along with the new final wellness regulations under the Patient Protection and Affordable Care Act (ACA), present new challenges for employer-provided wellness programs.
Religious Discrimination - Reasonable Accommodation
The Seventh Circuit Court of Appeal’s decision in Adeyeye v. Heartland Sweeteners, Inc.,1 reminds employers that a very broad definition of “religion” applies in Title VII religious discrimination cases. Given this broad definition, employers must be sufficiently alert to perceive, or at least to in
FLSA - Overtime Exemptions
In Manning v. Boston Medical Center Corp., a case that creates concern for high-level executives but provides a measure of relief for senior human resources employees, the U.S. Court of Appeals for the First Circuit vacated a district court’s dismissal of claims against the defendant’s former presid
FMLA - Medical Certifications
The DOL is on a roll, and employers can't be amused. Over the past few months, the Department of Labor seemingly has issued statement after statement after statement announcing settlements it has reached with various employers in conjunction with alleged FMLA violations. Heck, DOL now even has its o
Wisconsin - Wage & Hour
A federal court in Wisconsin recently granted preliminary approval to a $3.5 million settlement between a hospital and nearly 1,400 nurses in one of the many recent cases involving automatic deduction of meal breaks from wages.
Class Actions - Wage & Hour
Eight days prior to the release of the U.S. Supreme Court’s June 20, 2013 decision in American Express Co. v. Italian Colors Restaurant (“Amex”), the Massachusetts Supreme Judicial Court (“SJC”), in Feeney v. Dell, Inc., invalidated an arbitration agreement containing a class action waiver. The cour
New Jersey - General
On July 17, 2013, Governor Chris Christie signed into law the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). New Jersey joins 15 states, the District of Columbia, and a handful of local governments in providing victims of domestic violence or sexual assault with the right to take u
FMLA - General
Fess up and raise your hand. How many of you were on the edge of your edge of your seat awaiting news of William and Kate's new arrival? I can picture you now, feverishly refreshing your Facebook and Twitter pages to catch a glimpse of the latest heir to the British throne.
Illinois - Restrictive Covenants
On June 24, 2013, the Illinois Appellate Court for the First District (encompassing Cook County and Chicago) decided Fifield v. Premier Dealer Services, Inc., Case No. 1-12-0327 (June 24, 2013). The court found that Premier Dealer Services’ (Premier) offer of at-will employment at the onset of the p
FMLA - Coverage
Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?
Rhode Island
Effective January 1, 2014, a recent amendment to Rhode Island law will restrict the timing of pre-employment inquiries by Rhode Island employers about a job applicant's criminal past. Employers who are covered by the law may not inquire about an applicant's prior criminal history until during or aft
Oregon - General
Effective January 1, 2014, Oregon will become the first state to require certain private sector employers to provide bereavement leave to their covered employees. The new law amends the Oregon Family Leave Act (OFLA) and applies to employers and employees already covered under that Act.
Massachusetts - General
A flurry of new decisions from the Massachusetts Supreme Judicial Court (SJC) and the U.S. Supreme Court have approved the use of class action waivers in arbitration agreements. These decisions affirm that employers in Massachusetts can dramatically reduce their exposure to employment law class acti
FMLA - Medical Certifications
Have you ever suspected that your employee has given you an excuse too rehearsed or provided a doctor's note a bit too slick in support of their leave of absence? Don't be fooled: they actually might be paying for the excuse.
Connecticut - General
On Friday, July 12, 2013, Connecticut's Governor Dannel P. Malloy vetoed a bill that would have restricted the use of non-compete agreements in the context of mergers and acquisitions. The proposed bill, "An Act Concerning Employer Use of Noncompete Agreements," Public Act No. 13-309 (the Act), woul
FMLA - General
Employers, can we have a heart to heart? I need to get something off my chest. You see, I've witnessed a disturbing trend lately in the court cases I'm reading and in your FMLA practices: too many of you are not recognizing when an employee's leave request may be covered by the FMLA.
New York - Wage & Hour
On June 26, 2013, the New York Court of Appeals issued a decision concerning who may lawfully participate in a restaurant tip-sharing system. The state’s highest court stated that for employees to receive tips from a tip-sharing arrangement, they must perform, or assist in performing, personal servi