Monday, July 6, 2026Labor & Employment Law
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5416 articles on ELINFONET
HR - USERRA
USERRA prohibits employment discrimination and retaliation based on military status or obligations and includes broad reemployment rights. USERRA is more far-reaching than other employment anti-discrimination laws in several respects. Multiple pending lawsuits could determine that USERRA requires em
California - Fair Employment And Housing Act
On October 7, 2023, Governor Gavin Newsom vetoed proposed bill SB 403, which, as previously discussed , sought to ban discrimination based on caste under the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, and California Education Code. Governor Newsom’s message called this change “u
Puerto Rico
On August 8, 2023, Puerto Rico’s government enacted Act No. 88-2023, known as the “Puerto Rican Military Code of the 21st Century” (“Military Code”). This new law supersedes the previously enacted Military Code of Puerto Rico from 1969. Contrary to the previous code, the new Military Code specifical
Puerto Rico
A new law in Puerto Rico provides several pay and anti-discrimination protections for athletes on account of their pregnancies. A separate sports-related employment law extends leave protections for eligible athletes, coaches and specialized personnel who are absent from their jobs to represent Puer
Benefits - ERISA
Class action lawsuits continue to target ERISA fiduciaries for their decisions about investment options and fees. However, even class action complaints that seem supported by citations to comparator plans or investment funds can be vulnerable to attack at the pleading stage.
Benefits - ERISA
The Fourth Circuit weighed in on the complex area of equitable relief under ERISA § 502(a)(3), holding that recovery under an unjust enrichment theory may provide claimants with an alternate path to monetary relief under the statute.
California - Wage & Hour
Increases the number of job-protected paid leave hours employees can receive and use each year under state law. Extends some obligations and protections to employees covered by a CBA. Creates a partial preemption of local standards.
Federal Gov't - DOL
The DOL continues to focus on enforcement of child labor violations, with special attention to supply chain violations, including through subcontractors and staffing agencies. Recent publicity on this issue has highlighted how dangerous forms of child labor, and in particular child labor involving y
California - General
California SB 553, which takes effect July 1, 2024, creates the first general industry workplace violence prevention safety requirements in the United States. Covered employers must develop and create a workplace violence prevention plan as part of their Injury and Illness Prevention Plans. The
Massachusetts - General
The Massachusetts legislature has introduced a series of employment- and labor-related bills that, if enacted, will require employers across the Commonwealth to establish, revisit or revise policies and practices. In addition, there are certified ballot initiatives that, if they ultimately make it o
HR - General
Employers are increasingly looking to reap benefits from both generative and predictive artificial intelligence (AI) technologies, including in human resources (HR) functions. Yet an evolving patchwork of AI regulation and the rampant pace of technological change place many at a crossroads. How will
New York - General
On September 21, 2023, the New York Department of Health (DOH) issued guidance addressing the due dates for Medicaid Managed Care Organizations (MMCOs), Certified Home Health Agencies (CHHAs), Licensed Home Care Services Agencies (LHCSAs), and Fiscal Intermediaries (FIs) to submit various Home Care
New York - General
New York City adopted changes to its sick and safe time regulations, effective October 15, 2023. The changes clarify coverage issues for telecommuters and hybrid employees, employer headcount and coverage thresholds, and advance notice and documentation requirements. Additionally, the changes clarif
New York - General
On July 21, 2023, New Jersey Governor Phil Murphy signed Assembly Bill No. S3128/A4694 into law,1 which implements an aggressive tax treatment of nonresidents who work for New Jersey employers.
Rhode Island
Rhode Island law taking effect January 1, 2024 will impose criminal penalties on employers for knowing and willful wage and hour violations. The law also includes harsher penalties for employers generally, and those in the construction industry specifically, that misclassify workers as independent c
Immigration - General
On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA final rule unlawful. DACA, which commenced in 2012, protects certain undocumented immigrants brought to the United States as children from deportation and allows them to receive emplo
OSHA - General
In a recently published interpretation letter , the U.S. Occupational Safety and Health Administration (OSHA) opined that an employee’s gunshot injury—sustained when a motorist collided with three other cars, shot the employee-driver, and stole the company’s truck—was work-related and recordable.
New York - Wage & Hour
NY Department of Labor has published proposed regulations governing the state’s salary transparency law, which took effect September 17, 2023. Law requires employers to post salary ranges in job advertisements for positions that will be performed, in whole or in part, in New York,
Georgia - Restrictive Covenants
On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision.
FMLA - Coverage
Once your employee steps off U.S. soil, does the employee lose FMLA protection? It depends. Consider these two scenarios: In the first scenario, your employee requests FMLA to sit bedside with his mother, who suffering from terminal cancer. Mom is located in Mexico City, Mexico. In the second scenar