Employee Rights

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
News & Analysis as of

Germany – Premium Paid by Employer for Leaving Trade Union is Unlawful

Powerful trade unions often are a thorn in the side of employers. But if a company tries to reduce the trade unions’ influence, it may violate the freedom of association under Article 9 section 3 of the German Constitution...more

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

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...more

California DLSE Posts FAQs on New Fair Pay Law but Leaves Tough Questions Unanswered

Three months after the California Fair Pay Act took effect on January 1, 2016, the California Division of Labor Standards Enforcement (“DLSE”) has issued answers to FAQs about the new law, which by all counts is the most...more

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

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

What To Do When One of Your Employees Is Arrested

It’s a question more employers find themselves asking: “What should I do if one of my employees gets arrested?” Originally published in The HR Specialist - March 2016 issue....more

The Eighth Circuit Upholds Specialty Healthcare

Last week, the U.S. Court of Appeals for the Eighth Circuit upheld the National Labor Relations Board’s Specialty Healthcare framework for determining whether a union’s petitioned-for bargaining unit is appropriate. Under...more

Ontario’s Sexual Harassment Protections Passed

Ontario’s Sexual Violence and Harassment Action Plan Act was passed and received Royal Assent on March 8, 2016. The Act will go into effect in six months on September 8, 2016. The Act creates new duties for employers to...more

Paid Sick Leave Bill Clears New Jersey Senate Again

The New Jersey Senate has again approved a bill, S-799, that requires New Jersey employers to provide paid sick leave to workers in the state for...more

Recently Enacted New Jersey Laws Affecting Employers

In January, New Jersey Governor Chris Christie signed into law two new bills about which New Jersey employers should be aware. One creates an optional state retirement plan marketplace for small businesses, while the other...more

Oregon’s Minimum Wage – What Now?

Oregon is making history, once again. The new minimum wage law (signed by Governor Brown on March 2, 2016) brings two new titles...more

Workers Rights & Safety in Jeopardy

Legislatures across the country are eagerly making changes to workers’ compensation programs that will have a negative impact on workers’ rights and their ability to receive quality care and treatment for work-related...more

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more

China Employment Law Alert: Greater Marriage and Parental Leave Benefits for Qualified Couples in Shanghai

A policy shift has been taking place in China: governments are encouraging increased procreation by Chinese couples, and the “One-Child Policy” is being replaced by incentives that encourage citizens to marry earlier and have...more

What’s Union Membership Got to Do with It? Nothing, According to a Proposed Alabama Constitutional Amendment

Republican state legislators recently introduced parallel bills that would amend the Alabama Constitution and reiterate Alabama’s status as a right to work state. Right to work states recognize and protect an employee’s right...more

NLRB rules employees can record conversations at work

Next time your boss is breaking a labor law, the National Labor Relations Board (NLRB) ruled that Whole Foods cannot prohibits its employees from recording conversations, taking photos or video at work....more

NYC Earned Sick Time Act Updates

Proposed Changes to Sick Time Rules and Creation of New Enforcement Agency - On January 11, 2016, the New York City Department of Consumer Affairs (“DCA”) held a public hearing on proposed updates to the Earned Sick Time...more

New ‘Digest Of EEO Law’ Issued By EEOC

Latest Quarterly Edition Includes Selected Notable 2015 Decisions WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal Employment...more

New Rights for Zero-Hours Workers

A quick reminder that new rules in place as of 11 January 2016 give greater protection to zero-hours workers, protecting them from dismissal and suffering from a detriment if they seek to work for another employer while...more

Locke Lord Article: Enforcing US Stock and Bonus Plan Provisions Against UK Executives

Summary - Key UK Court of Appeal decision highlights the difficulty in enforcing US choice of law provisions within stock or bonus plans against UK based executives. The Issue - It is not unusual for US...more

NLRB Strikes Down Policy Prohibiting Recordings by Employees

The National Labor Relations Board (“Board”) finished the 2015 year in the same way it started: With continued scrutiny of seemingly neutral employer policies. The Board continues to assume that employees will read these...more

NLRB Nixes “No Recording” Rule

In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a...more

New Transit Benefit Requirements for D.C. and New York Employers Effective January 1, 2016

Two new laws require employers in Washington, D.C. (D.C.) and New York City (NYC) to offer pre-tax transit benefits, effective on January 1, 2016. Employers with employees in these cities must take action quickly to ensure...more

Beware of the Literal and Hypothetical When Considering Work Rules

National Labor Relations Board activity in the area of work rules, among other areas, has become the new normal. Employers have come to expect that the Board will find a work rule unlawful if the rule, taken literally, could...more

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