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 -

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

New Notice Requirement For Domestic Violence Victims’ Rights To Go Into Effect (July 1, 2017)

As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on July 1, 2017As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on...more

Cook County, Illinois and the City of Chicago Mandate New Paid Sick Leave Benefits

by K&L Gates LLP on

On July 1, 2017, two very similar ordinances regarding employee paid sick leave will become effective. One of these ordinances is the modified version of The Chicago Minimum Wage and Paid Sick Leave Ordinance (“Chicago...more

Is It Only A Matter Of Time Before New Jersey Employees Using Medical Marijuana Gain Legal Protections?

There has been a fair amount of press recently speculating as to how New Jersey’s attitude towards marijuana use may change after a new governor is elected. Democratic candidate Phil Murphy has stated he is in favor of...more

The Layers Of The Paid Sick Leave Law In Montgomery County, Maryland

by Jackson Lewis P.C. on

On October 1, 2016, Montgomery County’s Earned Sick and Safe Leave law became effective. This law allows all employees, with few exceptions, that work in Montgomery County, Maryland, to accrue paid and/or unpaid sick and...more

Sharing Economy: European Parliament call for EU level guidance on employment and social security questions

by Hogan Lovells on

To regulate or not to regulate: This question becomes relevant for the sharing economy after last week’s European Parliament resolution calling for clear EU guidelines on the collaborative economy. The resolution is a...more

Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act

by McCarter & English, LLP on

Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more

What You Need to Know About Georgia's New Family Care Act – Effective July 1

by Baker Donelson on

On May 8, Governor Nathan Deal signed Georgia's new Family Care Act into law. The Act, which will take effect on July 1, requires employers to allow their employees to use earned and available sick leave to take care of...more

Make Room On Your Bulletin Board For The Nevada Pregnant Workers’ Fairness Act Notice

by Jackson Lewis P.C. on

Nevada employers must post a notice on the Nevada Pregnant Workers’ Fairness Act immediately. Governor Brian Sandoval signed the Act into law on June 2, 2017, and the notice provisions took effect upon signing. All other...more

Los Angeles Ensures Employees Know Their Rights. Employers, Take Notice.

by Lewitt Hackman on

If Los Angeles was a person rather than a city, you could practically hear her telling employers, “It’s ON.” The warning comes by way of a massive ad campaign to remind members of the working public they have certain...more

Cook County Final Earned Sick Leave Rules

by SmithAmundsen LLC on

With the Cook County Earned Sick Leave Ordinance’s July 1, 2017 effective date around the corner, the Cook County Commission on Human Relations (“CCCHR”) approved its administrative rules on May 25, 2017. While we...more

NLRB Orders DISH Network To Rescind Or Revise Its Arbitration Agreement With Employees

by Carlton Fields on

Recently, the National Labor Relations Board (NLRB) ordered Dish Network, LLC to rescind or revise its arbitration agreement, finding that provisions in the agreement violated the National Labor Relations Act (NLRA)....more

In times of union rivalry

by Hogan Lovells on

SAFTU recently launched itself under the name South African Federation of Trade Unions and enters into the fray on the heels of four other existing union federations. This is not going to settle the workplace; on the...more

Overhaul of Alberta’s Workplace Laws Now Underway

Significant changes to Alberta’s workplace laws are coming. On May 24, 2017, the Alberta government introduced Bill 17, the Fair and Family-friendly Workplaces Act (Bill 17), which proposes the biggest changes to Alberta’s...more

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