November 9, 2019
Federal Law Articles
- Don’t Set It & Forget It: Keeping up Your Fiduciary Committee March 17, 2024It’s hard to believe that 2024 is well underway! That means it’s a perfect time to think about an issue that might get lost in the summertime and (dare I ...
- H-2B Cap Met for Second Half of Fiscal Year 2024 March 17, 2024U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 7, 2024, the H-2B cap had been reached for the second half of fiscal year (FY) 2024. jQuery(document).ready(function($) { if ...
- DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment March 17, 2024On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that ...
- A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating NLRA Section 7-Like Rights and Remedies March 17, 2024 Colorado agency issues rules governing the Protections for Public Workers Act (PROPWA), which provides Section 7-type rights to certain Colorado public employees. The rules, ...
- What Manufacturers Sponsoring Pension Plans Should Know About Class Actions Challenging Plan Assumptions March 14, 2024 An enduring wave of novel class actions challenging the actuarial assumptions used to calculate certain pension benefits has prompted many sponsors of defined benefit pension plans to evaluate their plan’s ...
- Texas Federal Judge Strikes Down NLRB’s New Joint-Employer Rule March 14, 2024On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have ...
- Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA March 14, 2024 Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. ...
- DOJ Official Cites Old West ‘WANTED’ Posters in Announcement of New Whistleblower Monetary Awards Program March 14, 2024On March 7, 2024, Deputy Attorney General Lisa Monaco said that the U.S. Department of Justice (DOJ) will test out a program to pay whistleblowers if they provide information on ...
- Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule March 14, 2024On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have ...
- Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs March 14, 2024 A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.1 While the court’s decision does ...
State Law Articles
- New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns March 6, 2024 A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State ...
- Key Health Care Issues to Track in 2024 in Alabama March 5, 2024 jQuery(document).ready(function($) { if ( $.fn.waypoint ) { $("#facebook-after-56885").waypoint( function() { $("#facebook-after-56885").sharrre({ share: { facebook: true }, urlCurl: "https://www.elinfonet.com/wp-content/plugins/genesis-simple-share/assets/js/sharrre/sharrre.php", enableHover: false, enableTracking: true, disableCount: true, ...
- California Supreme Court Strengthens Enforcement of Jury Trial Waivers March 5, 2024 On February 26, 2024, the California Supreme Court issued its opinion in Tricoast Builders, Inc. v. Fonnegra, No. S273368 (Cal. Feb. 26, 2024). For employers, the most important takeaway from ...
- Updates to Required California Pamphlets for New Hires March 5, 2024The State of California recently updated two pamphlets that must be provided to new hires. The California Department of Industrial Relations Division of Workers Compensation updated its “Time of Hire” ...
- Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act March 5, 2024On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a ...
- Columbus, OH, Salary History Ban Goes Into Effect March 1, 2024 March 3, 2024Starting March 1, 2024, the City of Columbus ordinance banning inquiries into an applicant’s salary history goes into effect. This ordinance applies to all employers with 15 or more employees ...
- Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses March 3, 2024 Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to ...
- California’s Privacy Laws: Financial and Medical Data, Website Usage, Children’s Data, Data Brokers, and Customer Records February 29, 2024California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance ...
- Attention, Illinois Employers: The Equal Pay Registration Certificate Submission Deadline Is March 24, 2024! February 29, 2024Private businesses with one hundred or more Illinois employees as of December 31, 2023, and that are required to file an annual Employer Information Report EEO-1 with the U.S. Equal ...
- Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules February 28, 2024 Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et ...