News & Analysis as of

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 -

What Can You Say in the Workplace? Whatever Your Employer Allows You to Say...

The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more

Oregon Employers Face Significant New Workplace Laws

by Fisher Phillips on

There’s good news for Oregon employers about the recently concluded 2017 legislative session: unlike years past, there were only a very small number of workplace laws passed. In fact, the Oregon Legislature only passed four...more

Digging In Its Heels: Disputing The DOJ’s Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration...

by BakerHostetler on

On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may determine the future validity of individual arbitration agreements in the...more

Reminder: Employers Must Provide Notice of Victim Rights to Employees

by Ervin Cohen & Jessup LLP on

As a reminder, all California employers must provide the newly issued Rights of Victims of Domestic Violence, Sexual Assault and Stalking notice to new employees upon hire and to current employees on request. The notice...more

Oregon Clarifies, Overhauls Manufacturing Overtime Rules

by Jackson Lewis P.C. on

Oregon Governor Kate Brown has signed into law a bill that remedies ambiguities in Oregon’s decades-old daily overtime law, which covers non-union employees working in mills, factories, and manufacturing...more

Washington Supreme Court Clarifies State Meal Break Requirements

by Jackson Lewis P.C. on

Under Washington State’s meal break statute, an employer must provide an employee working five or more consecutive hours a 30-minute meal period, although employees may waive the meal break under state law. In answering...more

California Adds New Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims

by Hinshaw & Culbertson LLP on

Employers, another notice provision has taken effect in California. Beginning on July 1, 2017, employers with at least 25 employees must now provide written notice to new employees that explain the rights of victims of...more

AB 119: What Public Employers Need to Know about their Obligations to Give Unions Access to New Employees - Information, Access...

by Best Best & Krieger LLP on

Last week Gov. Jerry Brown signed Assembly Bill 119 into law, which requires public employers to provide union representatives access to new employees during their orientations. This bill defines employee orientation as the...more

Long-term loss of earnings and whistleblowing

by Dentons on

In Small v. Shrewsbury and Telford Hospitals NHS Trust the Court of Appeal has held that where a claimant's employment has been terminated due to a protected disclosure the tribunal can award compensation for long-term loss...more

Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All...more

Massachusetts Expands Employers' Obligation to Accommodate Pregnant Employees

by Littler on

On July 27, 2017, Governor Baker signed the Massachusetts Pregnant Workers Fairness Act (the “Act”). Once the Act takes effect on April 1, 2018, most employers with employees in Massachusetts will be required to provide...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - July 2017 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a decision by the Ontario Superior Court of Justice addressing a...more

What You Need To Know About Nevada’s New Domestic Violence Victims’ Law

by Fisher Phillips on

By the turn of the New Year, employers in Nevada will have an obligation to provide workplace protections to domestic violence victims, including time off from work. Starting January 1, 2018, Nevada employees will be entitled...more

German Co-Determination Laws are Compliant With EU Law

by Bryan Cave on

July 18, the European Court of Justice (ECJ) followed the Advocate General`s motions to hold German laws on Employee Representation on Board Level do not violate EU law. Thus, the exclusion of all employees of global group...more

UK: The Biggest Shake Up of Employment Law in a Generation?

by Littler on

On July 11, 2017, the UK government published the Review of Modern Working Practices. The report was issued by Matthew Taylor, chief executive of the Royal Society of Arts and a former policy chief to Tony Blair. Current...more

Nevada Issues Official Notice For Pregnant Workers’ Fairness Act For Immediate Posting

by Jackson Lewis P.C. on

The Nevada Equal Rights Commission has issued an official Notice for the Nevada Pregnant Workers’ Fairness Act....more

Worksite Notices, Who Needs ‘Em?

Well, if you are an organization that has employees, you do! Although they may be a bit unappealing and often overlooked, worksite notices are required under both federal and state law. In fact, many municipalities and cities...more

Eighth Circuit Rules that Jimmy John’s Employees’ “Disloyal” Attacks Lost Protection of the NLRA

by Saul Ewing LLP on

On July 3, 2017, the Eighth Circuit overturned a National Labor Relations Board (the “Board”) decision finding that a Jimmy John’s franchisee, MikLin Enterprises, Inc. (“MikLin”) violated the National Labor Relations Act...more

Notice of Rights of Victims of Domestic Violence Now Required for New Hires in California

Last September, California Governor Jerry Brown signed Assembly Bill 2337, which, effective July 1, 2017, requires California employers with 25 or more employees to provide written notice of workplace rights for victims of...more

One More Required Notice For CA New Hires

by Fox Rothschild LLP on

We previously blogged about the numerous documents CA employers need to give new employees upon hire. Well, add the “RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING” notice to the list. This notice has...more

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

by Fisher Phillips on

Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

TUPE and Share Acquisitions – Recent key case highlights risk that TUPE could apply

by Locke Lord LLP on

Background - A key issue from an employment perspective in the UK on a corporate acquisition is whether the acquisition is structured through a share purchase; so that it is the shares of a company which are bought, or an...more

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

by Jackson Lewis P.C. on

Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal...more

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

by Fisher Phillips on

Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the ninth in a monthly series highlighting some of the more common mistakes employers can...more

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