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 -

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC...more

EEOC Ain’t Over ‘Til It’s…Forever

by Sherman & Howard L.L.C. on

The Seventh Circuit recently condoned an EEOC practice that dramatically inhibits the private settlement of employment discrimination lawsuits. Two Union Pacific employees filed an EEOC charge. The EEOC provided a Notice...more

Student-Employee Unions: Should Universities Expect a Double U-Turn?

by Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

European Court Proposes Criteria for Assessing Employee Monitoring Activities

by Hogan Lovells on

On September 5, the European Court of Human Rights (ECHR) issued a ruling in the case of Barbulescu v. Romania that affirms employees’ right to privacy in the use of communications tools in the workplace. Although the ruling...more

How to Align an International Labor Strategy for Overseas Unions, Works Councils and Other Worker Representatives

by Littler on

Organized labor can play a vital role—positive or negative—in an employer’s human resources operations. That is true at the local level and even truer internationally. In today’s interconnected world, collective labor...more

North Carolina Doubles Down on Enforcing Employee Misclassification

On August 11, 2017, Governor Roy Cooper signed into law the Employee Fair Classification Act. While the Act does not change the definition of what constitutes an “employee” under existing North Carolina law, the Act does...more

After the Rain: Disaster Recovery and Employee Safety Following Hurricane Harvey

by Seyfarth Shaw LLP on

Seyfarth Synopsis: It is imperative that employers develop and implement organized and clearly communicated procedures for responding to a disaster. A well-planned and executed emergency response program will provide orderly...more

Fair Game? Predictable Scheduling Laws — The Sensation Sweeping The Nation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last minute scheduling change? Want to make sure you have enough employees on stand-by to cover shifts? In a growing number of areas around the country, that will cost you. ...more

Washington’s New Healthy Starts Act Requires Employers to Provide Reasonable Accommodations to Pregnant Workers Absent the Showing...

by Littler on

Washington’s legislature recently passed a new Healthy Starts Act (the “Act”), which places significant obligations on Washington employers with respect to pregnant employees. These new obligations are not otherwise required...more

Novedades en Materia Laboral

by Holland & Knight LLP on

Teniendo en cuenta los artículos que han circulado recientemente sobre las leyes expedidas con impacto laboral y el reciente fallo de la Corte Suprema de Justicia relacionado con la disponibilidad de trabajadores, Holland &...more

Back to School Bulletin! Special State Leave Laws Can Apply for Parents

by Littler on

Approximately nine jurisdictions, from California to Massachusetts, require employers to grant employees unpaid time off to attend or participate in activities at their child’s school or day-care facility. These laws vary...more

Can I “Chip” Away at my Employees’ Privacy?

by Gray Reed & McGraw on

“Big” Bob Brothers is concerned that his company, Big Brothers Security Systems, is losing out on customers because his salesmen and installation teams are slacking when they are out of the office. Brothers reads a newspaper...more

Not Just Sticks and Stones: When Should Employers Step In?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’ expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free...more

Another Federal Appeals Court Rejects Workplace Recording Bans

by Fisher Phillips on

The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

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

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