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

FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers' Shrieks Heard Across the...

This one is a real headache. Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For...more

What’s Going Around: California Employers Must Provide Paid Sick Leave in 2015

The Solution: California Assembly Bill (“AB”) 1522 will require employers to provide employees with at least 24 hours of paid sick leave starting July 1, 2015....more

NLRB: Employees Have Right to use Employer’s Email for Union Organizing if Other Non-Business Use is Permitted

Today, the National Labor Relations Board held that employees have a right to use their employer’s communications systems – including email – for protected activity during non-working time, unless the employer prohibits all ...more

Employees Must Be Permitted to Use Their Employer Email Systems for Nonwork Purposes — Right to Wear Union Insignia Is Expanded

Reversing well established precedent, on December 11, 2014, the National Labor Relations Board (NLRB or the Board) held that employees that have been given access to their employers’ email systems, must be permitted to use...more

San Francisco Ordinance Imposes New Burdens on 'Formula' Retail Employers

In addition to federal and state laws, San Francisco currently has ten labor and employment laws that apply only to employees working within the City. On December 5, 2014, the eleventh San Francisco-specific employment law...more

Legal Update: Shared Parental Leave

What happened? The Shared Parental Leave Regulations 2014 came into force on 1 December 2014 and will apply to children whose expected week of birth or placement for adoption is on or after 5 April 2015. The...more

Three Important Components of the Family Medical Leave Act

In 1993, President Bill Clinton signed the Family and Medical Leave Act (“FMLA”), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious...more

Employment Law 101: Americans with Disabilities Act

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

San Francisco Retail Workers’ Bill of Rights

On November 25, 2014, the San Francisco Board of Supervisors passed two ordinances that are collectively referred to as the San Francisco Retail Workers’ Bill of Rights: the “Hours and Retention Protections for Formula Retail...more

Responding to West-African Employees who Travel to Ebola-Affected Countries - Employee Rights vs. Public Health Concerns

Buried near the end of articles in the New York Times and The Washington Post about the first United States Ebola patient, Thomas Eric Duncan, was the observation that the quarantine being imposed on Mr. Duncan’s fiancée, her...more

San Francisco Board of Supervisors Approves “Retail Workers’ Bill of Rights”

On November 25, 2014, the City and County of San Francisco’s Board of Supervisors unanimously approved (with one member absent) two ordinances that will affect “Formula Retail Establishments” and that proponents refer to as...more

Philadelphia Mayor's Task Force Recommends Mandatory Paid Sick Leave

A task force appointed by Mayor Michael Nutter to examine the impact of paid sick leave legislation recently released its final report that recommends Philadelphia employers with 15 or more workers should provide paid sick...more

California Imposes Mandatory Sick Leave Law

On September 10, 2014, California’s Healthy Workplaces, Healthy Families Act of 2014 (California’s sick leave law) became law. The new law requires most employers to allow employees to accrue up to three days of paid sick...more

New Shared Parental Leave Regime Effective 1 December 2014

A new Shared Parental Leave (SPL) regime comes into effect in the United Kingdom from today, 1 December 2014. The system will be available to eligible employees with a child due to be born on or after 5 April 2015. It...more

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

Massachusetts Voters Approve New Sick Leave Law - Voters Approved a Ballot Measure Granting Workers Up to 40 Hours of Sick Leave...

With the approval of ballot Question 4 in the election on Nov. 4, 2014, workers in Massachusetts will soon have the statutory right to earn and use up to 40 hours of sick time per calendar year. The effective date of the new...more

Employers in Illinois Take Note: Pregnancy Accommodation Amendments Go Into Effect January 1, 2015

As of January 1, 2015, the recently enacted pregnancy accommodation amendments to the Illinois Human Rights Act (“IHRA”) will go into effect, requiring many Illinois employers to update or change their policies and practices...more

Multiple Requests for Extension of Medical Leave – Three Strikes and the Employee Is Not Out!

A recent Americans with Disabilities Act case is a reminder the employers must proceed carefully before denying repeated requests for extensions of medical leave by an employee. In the case, the employer had a “personal...more

Updating Our Understanding of the FMLA

In employment law, a very hot topic continues to be the issues surrounding the Family and Medical Leave Act (FMLA) which entitles eligible employees of covered employers to take unpaid, job-protected leave for specified...more

California Guarantees Paid Sick Leave to Employees

On September 10, 2014, Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA), requiring all California employers to provide their employees in the state with at least three days of...more

City of Oakland Joins Two Other California Cities in Mandating Paid Sick Leave

On November 4, 2014, voters in the City of Oakland passed a measure mandating paid sick leave for eligible employees. The city has become the third city in California (after San Francisco and San Diego) to require paid sick...more

The District Of Columbia Enacts New Employee Protections, Requires Reasonable Accommodation for Pregnant Employees

Following the example of several other states and municipalities, the Council of the District of Columbia recently enacted (and the Mayor of the District of Columbia recently signed) the Protecting Pregnant Workers Fairness...more

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

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