Updated to include information on case law regarding leave as a reasonable accommodation under the federal Americans with Disabilities Act.
Updated to reflect information on a 7th Circuit ruling regarding the US Department of Labor's six-factor test to determine whether an intern or trainee qualifies as an employee.
The Employee Retirement Income Security Act (ERISA) requires plan sponsors to meet fiduciary, reporting and disclosure requirements. ERISA also sets minimum standards for participation, vesting, benefit accruals and funding. This Legal Insight focuses on a plan sponsor's fiduciary and disclosure responsibilities under ERISA and explains how to navigate DOL regulations and enforcement activities.
Updated to reflect increase in immigration-related penalties, effective August 1, 2016.
The Occupational Safety and Health Act (OSH Act) was passed in 1970 to assure safe and healthy workplaces for employees. The Act established the Occupational Safety and Health Administration (OSHA), an agency within the US Department of Labor. OSHA enforces the OSH Act by requiring employers to conform to regulations that specify safe and healthy conditions. An employee has the right to notify OSHA of a violation of an OSHA regulation, that is, to be a whistleblower. OSHA enforces the OSH Act's Whistleblower Statute along with 20 other whistleblower statutes for various industries, including the one for the Sarbanes-Oxley Act (SOX), which regulates the securities industry. This Legal Insight discusses these whistleblower statutes and employee rights pursuant to them.
Updated to reflect the Defend Trade Secrets Act, effective May 11, 2016.
It can be difficult to determine whether an employee must be paid for time spent traveling, whether the travel is for a business trip, a commute to work or to visit customers during the course of the workday. This Legal Insight addresses travel time under the Fair Labor Standards Act (FLSA) in an effort to help employers remain compliant and avoid an employee lawsuit or an investigation from the US Department of Labor (DOL).