Littler

Claims to Accommodate Flying Spaghetti Monster-ism Hit the Wall in Nebraska Court

On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was…more
| Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law

Bonding by the Bay: San Francisco Mandates Paid Parental Leave

On April 21, 2016, Mayor Ed Lee signed an ordinance (File No. 160065) making San Francisco the first municipality to require private employers to compensate employees while on parental bonding leave. Under the law, dubbed the…more
| Elections & Politics, Labor & Employment Law

New Mexico State Employers Cannot Avoid Private USERRA Claims

In Ramirez v. State of N.M. Children, Youth and Families Department, filed on April 14, 2016, the New Mexico Supreme Court ruled that a New Mexico National Guard member could assert a claim against the state as the employer…more
| Civil Rights, Labor & Employment Law, Military Law

Minimum Wage Increases in New York: What Employers Should Know

On April 4, 2015, New York Governor Andrew Cuomo executed sweeping legislation as part of the 2016-17 state budget, implementing a complicated and staggered set of minimum wage increases, and creating a system of paid family…more
| Elections & Politics, Labor & Employment Law

Equal Pay Efforts Falter at the Federal Level, Gain Traction Elsewhere

Earlier this week, Senators Patty Murray (D-WA) and Deb Fischer (R-NE) attempted to force passage of two pay-related bills. The promotion of dueling legislation was likely a symbolic nod to Equal Pay Day, commemorated on April…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Obesity Alone as a Disability? Slim Chance, Says Eighth Circuit

A memorable scene from the dark comedy “In Bruges” features a clash between a disgraced Irish assassin, played by Colin Farrell, and three portly American tourists after Farrell’s character warns them not to climb the narrow…more
| Civil Procedure, Civil Rights, Labor & Employment Law

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This…more
| Civil Procedure, Civil Rights, Labor & Employment Law

NLRA Protections for Derogatory Statements and Four-Letter Words Attacking a Company and its Managers

More and more employers, union and non-union alike, are getting ensnared in efforts by the National Labor Relations Board (NLRB or “Board”) to aggressively expand employee rights under the National Labor Relations Act (“Act”),…more
| Labor & Employment Law

Department of Labor Issues Final Fiduciary Rule

The Department of Labor (DOL) has issued a final rule to re-define who is rendered a "fiduciary" of an employee benefit plan under the Employee Retirement Income Security Act (ERISA) by providing investment advice to a plan or…more
| Finance & Banking, Labor & Employment Law

DHS Issues STEM OPT Final Rule

The U.S. Department of Homeland Security ("DHS") recently issued its long-awaited F–1 nonimmigrant student visa regulations on optional practical training (“OPT”) for certain students with degrees in science, technology,…more
| Education, Immigration Law, International Law & Trade, Labor & Employment Law, Science, Computers, & Technology

IRS Requests Comments on New Compliance Questions in Form 5500

The IRS added new compliance questions to the 2015 IRS Form 5500/5500-SF, which is the annual report filed by retirement plans with the Department of Labor and the IRS.  The Form 5500 instructions, however, specifically provide…more
| Finance & Banking, Labor & Employment Law, Taxation

California Raises its Minimum Wage and Expands Paid Sick Leave

When it wants to, the California Legislature can act with impressive speed. It did so last week on a minimum wage increase bill (SB 3)when, in less than 96 hours, it amended the legislation and sped it through two committee…more
| Elections & Politics, Labor & Employment Law

OSHA Continues to Turn Up the Volume on Whistleblowing

Rushing to put final rules in place before the current Administration’s term ends, on March 17, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule for implementing the whistleblower…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Transportation

The Corporate Human Rights Benchmark Ranks Large Companies' Human Rights Performance

In 2011, the United Nations adopted the UN Guiding Principles on Business and Human Rights (“UN Guiding Principles”), which provide non-binding guidelines on how employers should conduct their business activities to provide…more
| Civil Rights, Commercial Law & Contracts, International Law & Trade, Labor & Employment Law

Utah Enacts Post-Employment Restrictions Act

A growing number of states are tightening conditions on restrictive covenants.  The start of 2016 saw Oregon and Alabama enact higher barriers to the enforcement of non-compete agreements in those states. As of March 22, 2016,…more
| Commercial Law & Contracts, Elections & Politics, Labor & Employment Law
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