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

Gender Pay Gap – What Are Companies Doing?

It is no secret to our readers that the EEOC and the OFCCP have prioritized compensation discrimination issues as an enforcement priority. The general public, and hence employees, are also keenly aware of pay discrimination...more

Montclair and Trenton Join Ranks of New Jersey Cities with Paid Sick Leave Laws

Election Day 2014 saw the passage of two more paid sick leave municipal ordinances, bringing the New Jersey state total to eight as of this writing. Suburban Montclair and the capital city of Trenton have joined East Orange,...more

Finally, a Minimum Wage Comes to Germany. Are Employers Ready?

Employers should act now to ensure all employees — including contractors’ employees — receive adequate pay to avoid risk of significant fines. 21 of the 28 member states of the European Union have minimum wage laws....more

Nostradamus, Minimum Wage, and Paid Sick Leave

Allow us to pat ourselves on the back for a moment. Prognosticating from 2013 into the future, we accurately predicted that in 2014 the Seattle Seahawks would win the Super Bowl and that the public would continue to strongly...more

Brinker for Dummies

On November 13, 2014, the Second District Court of Appeal, Division One, issued a decision in Walgreen Co. Overtime Cases. The opinion explains the meaning of Brinker Restaurant Corp. v. Superior Court as it applies to the...more

Massachusetts Ballot Measure Passes Requiring Paid Sick Time for Employees

On November 4, 2014, Massachusetts voters approved a ballot measure that will require covered employers to allow employees to earn at least one hour of paid sick time (“Sick Time”) for every 30 hours worked, up to a maximum...more

Massachusetts Passes Mandatory Paid Sick Leave Law

On Election Day this year, Massachusetts voters responded affirmatively, by a margin of 60 percent to 40 percent, to the Massachusetts Paid Sick Days Initiative. ...more

Massachusetts Attorney General Issues Guidance on Domestic Violence Leave Act

The Massachusetts Attorney General recently issued an Advisory and other guidance on a new Massachusetts law, known as the Domestic Violence Leave Act (the “DVLA”). The Attorney General’s guidance confirms the basic...more

Massachusetts Attorney General Issues Guidance on New Domestic Violence Leave Law

In August of 2014, Massachusetts enacted broad reforms of the Commonwealth’s domestic violence laws. As Ogletree Deakins detailed in an August 18, 2014 Massachusetts eAuthority, “Domestic Leave Now Mandated in Massachusetts,”...more

Massachusetts Passes Paid Sick Leave Law

On November 4, 2014, Massachusetts joined the growing list of states to guarantee paid sick leave for employees. According to the new law (a ballot question passed by voters), employees may use earned sick leave to care for a...more

The Future of the Minimum Wage – 2015 and Beyond

2014 has been “The Year of the Minimum Wage.” Protests throughout the country, with workers calling for increased wages, drew significant media attention. President Obama and Democrats in both legislative chambers advocated...more

New Jersey Minimum Wage Set To Increase To $8.38 Per Hour

New Jersey’s minimum wage will increase from $8.25 to $8.38 per hour on January 1, 2015....more

A Labor and Employment Audit of Santa’s Workshop

With that first real chill in the air, the holiday season is suddenly upon us. For parents, it is a time to relive our childhood, watching with our children all of those holiday specials ranging from It’s the Great Pumpkin,...more

Say What? NLRB Decisions Regarding Confidentiality, Respectful Workplace, and Non-Disparagement Policies

First let me say that it’s not as bad as it sounds. Well, maybe it is. We told you last year that the National Labor Relations Board (NLRB or “the Board”) continues to hand down decisions that severely restrict employer...more

Massachusetts Voters Say "Yes" to Mandatory Sick Time

On election day, Massachusetts voters approved a ballot initiative requiring employers to provide sick time to their employees. Absent legislative repeal, the mandatory sick time law will become effective on July 1, 2015. ...more

A Five-Point Checklist for the Holiday Shopping Season

The Halloween costume pop-up stores are gone, and they’re starting to be replaced by other seasonal attractions. Before long the snow will by flying, and shoppers will be ready to hit the stores before work, on their lunch...more

OFCCP Looks to Eradicate Pay Discrimination with Proposed Pay Transparency Rule

On September 15, 2014, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) released a Notice of Proposed Rulemaking in connection with the mandates set forth in Executive Order 13665 (EO...more

New Sick Leave Rights For Massachusetts Employees Raise Concerns For Employers

On November 4, 2014, Massachusetts voters approved a new law, which will be codified at G.L. c. 149, § 148C, providing sick leave rights to all private employees in the state and most public employees. The law goes into...more

Paid Sick Leave Continues to Gain Traction in New Jersey

Last week, Trenton and Montclair became the latest in a series of New Jersey municipalities to pass paid sick leave ordinances, joining East Orange, Irvington, Jersey City, Newark, Passaic and Paterson. Under both the...more

Understanding an Employer’s Obligations When Domestic Violence Affects the Workplace

Over the past few months, the media has reported extensively about several incidents of domestic violence involving professional athletes. While these high-profile cases generate huge attention, it is important to remember...more

NLRB Reaffirms D.R. Horton Decision Invalidating Arbitral Class Action Waivers

In a controversial decision that rejects the precedent of numerous federal and state courts, the National Labor Relations Board (NLRB) has reaffirmed its earlier decision in D.R. Horton, Inc., 357 NLRB No. 184 (2012). In...more

Montgomery County “Bans the Box”

Montgomery County, Maryland is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on the initial employment application....more

Paid Sick Leave Laws Enacted in U.S. State and Local Elections

Following a nationwide trend, voters in Massachusetts; Oakland, California; Trenton, New Jersey; and Montclair, New Jersey, approved ballot initiatives enacting paid sick time laws....more

Massachusetts Passes New Paid Sick Leave Law

What you need to know: Effective July 1, 2015, Massachusetts will require most employers to grant at least forty hours of paid sick leave to their employees each year. Employees may take the paid sick days to care for...more

FAQs on California’s Paid Sick Leave Law

On September 10, 2014, Governor Jerry Brown signed the Healthy Workplaces, Healthy Families Act of 2014. The Act requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked...more

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