Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
New York - Wage & Hour
The New York State Senate and Assembly recently passed a bill amending New York Labor Law section 193 to expand an employer's ability to make deductions from employee wages. The bill is currently awaiting delivery from the New York State Assembly to the governor's office for his approval. The govern
Arizona
On July 9, 2012, the Arizona Supreme Court handed down its decision in Engler v. Gulf Interstate Engineering, Inc. and announced that an employer may not be held vicariously liable for an after-work accident caused by an employee who was on an extended out-of-town assignment. The court found that an
FMLA - Leave Year
There are a number of discussions happening lately about updating handbook provisions and social media policies to ward off a suddenly over-zealous National Labor Relations Board. And this advice certainly is well taken.
California - General
California is the birthplace of the franchise business model. Today, there are approximately 62,000 independent franchisees operating in California, employing more than 1.1 million state residents.
California - Wage & Hour
On July 2, 2012, the California Supreme Court issued its long-awaited decision in State Building and Constructions Trades Councils of California, AFL – CIO v. City of Vista, No. S173586. The court held that locally funded public works projects performed by chartered cities are municipal affairs unde
California - General
In Iskanian v. CLS Transportation Los Angeles, LLC, a California appellate court applied the Federal Arbitration Act (FAA) and the U.S. Supreme Court's interpretation of the FAA in AT&T Mobility LLC v. Concepcion to affirm a trial court's order granting a motion to compel individual arbitration of t
New Hampshire
Signifying New Hampshire’s first regulation of private non-compete agreements, Governor John Lynch signed into law an act requiring employers to provide a copy of all “non-compete and non-piracy agreements” to job applicants. Effective July 14, 2012, HB 1270 will require employers to provide copies
FMLA - Serious Health Conditions
Remember a few months back when I warned employers to be wary of eliminating the position of an employee who days earlier requested several weeks off for surgery?
New York - Wage & Hour
On June 28th, the New York City Council voted to override Mayor Michael Bloomberg’s recent veto of the city’s living wage bill. The bill would increase wages to $11.50 an hour, or $10 an hour with benefits, for employees of companies receiving $1 million or more in city subsidies—an estimated 900 in
FMLA - Regulations
Take Bob. He is a machine operator. Bob suffers from back and leg pain as well as bouts of anxiety. As a result, he typically visits with his physician every couple of months and is on prescription medication. He's been approved for intermittent FMLA leave as a result of his serious health condition
FMLA - Regulations
Earlier this week, the U.S. Department of Labor issued a 16-page FMLA guide that the DOL says is "designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides." Entitled "Need Time? The Employee's Guide to the Family and Medical Leave Act," the
D.C. - General
The District of Columbia City Council and Mayor Vincent Gray have enacted a first-of-its-kind law protecting jobless individuals from discrimination in the hiring process. The new law prohibits employers and employment agencies from discriminating against potential employees based on their status as
Indiana
The EEOC's April 25, 2012 updated enforcement guidance on the use of arrest and conviction records by employers has generated renewed and substantial interest in the controversial subject of criminal background checks in the context of Title VII of the Civil Rights Act of 1964. Although it is import
FMLA - General
On Wednesday, June 27 (tomorrow!), the Department of Labor will host a complimentary webinar to assist employers and employees in better understanding the Family and Medical Leave Act.
Virginia
In a recent Virginia trade secrets case, the appellate court’s ruling illustrates that in any case for damages, the manner and measure of valuation is paramount. In 21st Century Systems, Inc. v. Perot Systems Government Services, Inc., a Virginia jury awarded Perot Systems Government Services, Inc.
Vermont
On May 17, 2012, Vermont Governor Peter Shumlin signed Vermont Act No. 154 (S. 95), which prohibits employers, subject to certain exceptions, from using or inquiring into an applicant or employee's credit report or "credit history" for employment purposes. Relying on a variety of statistics regardin
FMLA - Regulations
In a recent post, I discussed an employer's obligation to designate leave under the Family and Medical Leave Act even though the employee did not want it to be classified as FMLA leave.
Connecticut - General
Beginning on October 1, 2012, Connecticut residents will be able to smoke marijuana to alleviate symptoms of a debilitating medical condition without fear of arrest or prosecution by Connecticut authorities, or adverse employment action by employers in the state. The new law, entitled An Act Concern
California - Fair Employment And Housing Act
In a much anticipated decision, a federal judge in California's Southern District ruled last week that CVS Pharmacy was not required to provide its cashiers with seats to use while operating cash registers. The plaintiff is a former customer service representative (“clerk/cashier”) at CVS who filed
Indiana
Indiana's statewide smoking ban takes effect July 1, 2012. Indiana House Enrolled Act No. 1149 (soon to be Indiana Code, title 7.1, article 5, chapter 12) ("the Act") prohibits smoking in: