Sunday, July 5, 2026Labor & Employment Law
Employment Law Information Networklocated at elinfonet.com since 2001Affiliate Firm
5416 articles on ELINFONET
FMLA - General
Unless you've been securely wedged under a rock over the past 24 hours, you know that the U.S. Supreme Court has declared unconstitutional the Defense of Marriage Act (DOMA), which had established a federal definition of marriage as a legal union only between one man and one woman.
Massachusetts - Wage & Hour
Two recent appellate decisions in Massachusetts further expand the reach of the state’s Payment of Wages Law (“Wage Act”), which imposes significant penalties for violations, including mandatory treble damages and attorneys’ fees.
Connecticut - General
On the final day of the most recent Connecticut legislative session, the General Assembly passed a bill titled “An Act Concerning Employer Use of Noncompete Agreements” (the Act). Despite the broadly worded title, the ostensibly narrow focus of the Act is to restrict the use of non-compete agreement
Oregon - General
Oregon Governor John Kitzhaber on June 13, 2013 signed into law a bill extending employment discrimination protection to interns. The new law grants unpaid interns legal recourse under Oregon's employment discrimination laws for workplace violations including sexual harassment, unlawful discriminati
Connecticut - General
Connecticut has added several burdensome obligations to state statutes that give employees the right to inspect, copy and rebut their personnel files. At the urging of legal aid lawyers and other employee advocates, the legislature passed Public Act No. 13-176 (the Act) despite strong opposition fro
FMLA - General
Have you ever made a rash decision that you wish you could take back the second you made it? One employer must feel that way right about now.
Massachusetts - General
The Massachusetts Supreme Judicial Court recently held that the Massachusetts Independent Contractor Law may apply to individuals who perform services outside of Massachusetts for a Massachusetts company. The decision, Taylor v. Eastern Connection Operating, Inc., significantly expands the potential
Washington State - General
Effective November 1, 2013, Seattle, Washington will join various other jurisdictions (most recently Minnesota, Indiana, North Carolina and Buffalo, New York) that limit inquiries into and the use of criminal records for employment purposes.1 On June 10, 2013, the Seattle City Council adopted Counci
Massachusetts - Restrictive Covenants
Your Vice President of Sales announces that she is leaving to work for your biggest competitor. She signed a noncompetition agreement when she joined the company five years ago as a junior sales associate. Can you get an injunction preventing her from competing with your company? In Massachusetts, t
Minnesota - General
On May 24, 2013, Minnesota Governor Mark Dayton signed into law a bill that the plaintiff's bar is likely to argue expands the scope of whistleblower protections for both public and private sector employees under the Minnesota Whistleblower Act ("MWA"). The bill, originally touted as a narrow expans
ADA - Reasonable Accommodation
For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to return to work after exhausting FMLA leave. (Depending on what the EEOC say
Oregon - General
On May 22, 2013, Oregon Governor John Kitzhaber signed into law House Bill 2654, making Oregon the tenth state to enact a law prohibiting employers from accessing employees' private social media sites. The new law, which becomes effective January 1, 2014, makes it an unlawful employment practice for
North Carolina - General
A recent decision from a North Carolina Court of Appeals could affect the enforceability of employment agreements between staffing companies and temporary employees. In Phelps Staffing, LLC v. C. T. Phelps, Inc., 740 S.E.2d 923 (N.C. Ct. App. Apr. 16, 2013), the court found a staffing company’s non-
New York - Wage & Hour
Last year, Governor Cuomo signed into law new legislation, effective November 2012, which amended New York Labor Law section 193 to permit employers to make deductions for wage overpayments due to mathematical or clerical errors and for repayments of salary or wage advances.1 However, under the new
Nevada - General
On May 25, 2013, Nevada Governor Brian Sandoval signed a new law making Nevada the third state in the last 12 months to enact legislation restricting use by employers of credit reports and other credit history information for hiring and other employment-related purposes. Nevada's new law, which goes
FMLA - Fitness For Duty
Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence?
Colorado - General
On May 6, 2013, Colorado Governor John Hickenlooper signed into law the Job Protection and Civil Rights Enforcement Act Of 2013 (Act), which amends the Colorado Anti-Discrimination Act (CADA), the state law prohibiting employment discrimination because of disability, race, creed, color, sex, sexual
Virginia
Virginia has enacted two new laws that are intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. One law guarantees the right to vote in a secret ballot election. The other law limits those situations in which an employer may be required to disclo
Minnesota - General
Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not (1) inquire into or consider or require disclosure of criminal record inf
FMLA - General
I received a ton of feedback on last week's blog post, which discussed Yahoo's new parental leave policy and its FMLA implications. Much of the feedback related to Yahoo's decision to provide 16 weeks of paid maternity leave to female employees and 8 weeks of paid paternity leave to male employees.