Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
New York - General
The aftermath of Hurricane Sandy, and the one-year anniversary of Hurricane Irene, present unfortunate reminders to employers of the need to prepare effectively for the various employment-related issues posed by natural disasters. What follows are some frequently asked questions and answers (FAQ) to
Benefits - Retirees
The Internal Revenue Service has released a detailed list of pension plan and other retirement-related contribution limitations for Tax Year 2013 that were triggered by increases to the cost of living. A number of the pension plan limitations will change for 2013 because the increase in the cost-of-
California - Wage & Hour
California Labor Code sections 515.5 and 515.6 provide that certain computer software employees, as well as licensed physicians and surgeons, are exempt from state overtime requirements if they receive a minimum hourly, monthly, or yearly rate. The rate is determined annually based upon changes to t
FMLA - Regulations
Thanks for the great feedback we received on our post earlier this week about Hurricane Sandy's impact on employers when it comes to issues arising under the Family and Medical Leave Act. In your feedback, I received several requests to address the following question:
Illinois - General
On October 18, 2012, the Illinois Supreme Court delivered a very important decision for Illinois employers in Lawlor v. North American Corporation of Illinois, Case No. 112530 (Oct. 18, 2012). The court not only confirmed that the tort of intrusion upon seclusion is recognized in Illinois, it also a
California - Wage & Hour
In See's Candy Shops, Inc. v. Superior Court, the California Court of Appeals for the Fourth Appellate District explicitly held that in California employers are entitled to use a timekeeping policy that rounds employee punch in/out times to the nearest one-tenth of an hour (a "nearest-tenth rounding
FMLA - General
Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy.
California - Wage & Hour
In See’s Candy Shops, Inc. v. Superior Court, the California Court of Appeal for the Fourth Appellate District explicitly held that in California employers are entitled to use a timekeeping policy that rounds employee punch in/out times to the nearest one-tenth of an hour (a “nearest-tenth rounding
California - Workers' Compensation
California Labor Code section 132a, the anti-retaliation provision of the state workers' compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs often argue at the demurrer stage that the California Supreme Court's decis
FMLA - General
Dads need lovin' too. So says a federal court judge, who has allowed a father to proceed on his FMLA retaliation claim after the employee alleged that his employer's "macho man" culture was a culprit in his ouster.
Ohio
In a rare procedural move, the Ohio Supreme Court reconsidered and reversed its May 24, 2012 decision in Acordia of Ohio, L.L.C. v. Fishel, 2012-Ohio-2297 ("Fishel I"). At issue was the enforceability of restrictive covenants in employee noncompete agreements subsequent to a merger. In Fishel I, aff
New Jersey - General
Effective November 18, 2012, most employers that operate in Newark, New Jersey must comply with a new ordinance1 broadly restricting their discretion to rely on criminal background records for employment purposes.
FMLA - Medical Certifications
Last week, I responded to an FAQ that often arises for employers when administering the Family and Medical Leave Act: How do employers count unexcused absences when an employee does not return medical certification?
California - General
After a series of alleged incidents reported in the news media of employers (principally public employers) requesting or requiring access to employees' or applicants' personal social media accounts, legislators around the country rushed to introduce legislation in response to the public outcry. Mary
FMLA - Leave Year
Q: We requested that an employee have his health care provider complete FMLA medical certification in conjunction with what appears to be an FMLA-related absence. The employee has been off work for 30 days and we still have not received certification. Can we count any of these days as unexcused abse
California - Fair Employment And Housing Act
California Governor Jerry Brown recently signed into law AB 2492, amending California’s False Claims Act to better conform it to requirements of the federal False Claims Act.1 In addition to amending definitions of “conduct” that would fall under the provisions of the new law, civil penalties are al
California - Wage & Hour
The favorable outcome for some employers in Arechiga v. Dolores Press, 192 Cal. App. 4th 567 (2011), which we previously discussed, has been undone by the California Legislature. In Arechiga, a California Court of Appeal ruled that a non-exempt employee’s salary could provide compensation for more t
California - General
In its first change to the state statute on inspection of personnel files since the law was enacted a dozen years ago, the California Legislature passed, and Governor Jerry Brown signed on September 30, a bill that significantly changes the rights of current and former California employees, and the
California - General
The members of the California State Senate and Assembly introduced 1,899 bills this year, and the legislature passed and sent to the governor 568 of them. On September 30, Governor Jerry Brown completed his work of signing or vetoing the bills presented to him.
California - Restrictive Covenants
California’s statutory ban on non-competes contains an exception for covenants given in connection with the sale of a business and its goodwill. The exception in California Business and Professions Code section 16601 (the “16601 exception”) was created to protect a buyer’s interest in enjoying the g