Employment Law Information Network
All Things Labor and Employment Law
The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled.
The factors that are considered under the new Public Charge Rule include the applicant’s use of public benefits, employment status and history of employment
On September 22, 2020 President Trump issued an Executive Order “on Combating Race and Sex Stereotyping” (“September 22 EO”) covering government contractors and certain grant recipients that outlines what those organizations cannot include in employee training. It appears, the September 22 EO covers all federal contractors and subcontractors and will
Three recent appellate court decisions teach employers some valuable lessons when drafting employment agreements that contain restrictive covenants.
Nearly six months after the US Department of Labor (DOL) issued regulations under the Families First Coronavirus Response Act (FFCRA), those regulations have been revised (effective September 16, 2020) in response to a federal district court decision invalidating a handful of provisions interpreting the FFCRA. The DOL responded by revising some of the regulations to reaffirm the DOL’s original positions and amend others.
Six months into the COVID-19 pandemic, workplace safety and hazard prevention are more important than ever for manufacturers and other employers of essential employees.
On September 15, 2020, the United States Department of Labor assured existing, seasonal-based establishments they could engage in alternative activities to cope with the financial fallout from COVID-19, without losing their minimum wage and overtime exemption. The Wage and Hour Division (WHD) issued a Field Assistance Bulletin (FAB) stating
On September 22, 2020, the U.S. Department of Labor (DOL) released a long-anticipated proposed rule addressing when a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).
“Incentive” or “service” awards to lead plaintiffs in Federal Rule of Civil Procedure 23 (Rule 23) class actions are unlawful, the U.S. Court of Appeals for the Eleventh Circuit has ruled in a suit brought under the Telephone Consumer Protection Act.
In April 2020, the Department of Labor (DOL) issued regulations excluding “Health Care Providers” from the reach of the Families First Coronavirus Response Act’s (FFCRA) leave entitlements, both as to expanded sick leave and expanded FMLA leave.
North and South Carolina are the least unionized states in the nation, but employers in the Carolinas should not overlook the protection the National Labor Relations Act provides for their non-union work forces, especially during the COVID-19 pandemic.
As Election Day approaches and despite the anticipated uptick in absentee ballots, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance.
The United States Department of Labor (“DOL”) has issued revised regulations concerning paid leave under the Families First Coronavirus Response Act (“FFCRA”). The revisions, effective September 16, 2020, were made in response to an August 3, 2020, federal district court decision in New York invalidating various aspects of the original regulations promulgated on April 1, 2020
On September 11, 2020, the U.S. Department of Homeland Security (DHS) proposed a regulation that focuses on the expansion of the collection and use of biometric data in the enforcement and administration of immigration laws. The proposed rule would subject foreign nationals to periodic biometrics collection and continuous vetting after
When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind.
Among the many rule changes recently announced by the National Labor Relations Board (NLRB) was one specifically limited to construction industry employers — and will prospectively rectify a 20-year interpretation that ran roughshod over the rights of employees and employers.
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