News & Analysis as of

Employee Rights Anti-Retaliation Provisions

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 -
Littler

USERRA Short-term Paid Military Leave Class Action Revived by Federal Appeals Court

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On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Synoracki v. Alaska Airlines, Inc., reviving a class action under the Uniformed Services Employment and Reemployment Rights Act...more

Littler

Illinois Makes Move to Ban Employer-Sponsored Meetings

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For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

Kohrman Jackson & Krantz LLP

EEOC’s Pregnant Workers Fairness Act Faces Legal Challenges: Key Takeaways for Employers

Within the last two weeks of June 2024, courts across the country reached opposite conclusions about the U.S. Equal Employment Opportunity Commission’s authority to implement legislation that requires employers to provide...more

Holland & Hart - Employers' Lawyers

The Pregnant Workers Fairness Act aka the EEOC’s New Baby

The Pregnant Workers Fairness Act (PWFA), the newest member of the family of federal anti-discrimination laws, is almost one year old! Instead of inviting employers over for cake and photo ops, after one year of accepting...more

Foley & Lardner LLP

Reminder — New York Social Media Privacy Protections Go into Effect March 12, 2024

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As we reported at the end of 2023, New York will soon join California, Colorado, Illinois, and a number of other states that protect employees’ and job applicants’ social media privacy. These protections are part of a bill...more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

Parker Poe Adams & Bernstein LLP

Two New NLRB Decisions Expand Labor Rights for Non-Unionized Workers

The National Labor Relations Board continues its recent streak of overturning board decisions from the Trump administration that limit the rights of employees to organize and complain about working conditions. The latest...more

Seyfarth Shaw LLP

New Jersey Temporary Workers’ Bill of Rights: Regulations Issued

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Seyfarth Synopsis: The New Jersey Department of Labor and Workforce Development issued its proposed regulations for New Jersey’s Temporary Workers’ Bill of Rights. The proposed regulations provide some clarity on several...more

Fisher Phillips

Weakened Warehouse Worker Protection Act Still Packs Punch For Certain New York Employers: 5 Key Changes to Know

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With the June 19 effective date on the horizon, employers subject to New York’s Warehouse Worker Protection Act should begin preparations to comply with the law’s requirements sooner rather than later. Signed into law at the...more

Pullman & Comley - Labor, Employment and...

Connecticut General Statutes § 31-51q at 40: Emerging Questions for Connecticut’s Employee Free Speech Statute

THE NEW YEAR, 2023, MARKS THE 40TH anniversary of the initial passage of Connecticut General Statutes § 31-51q. Connecticut’s employee free speech protection statute, Section 31-51q, broadly protects both public and...more

Fisher Phillips

Top 8 Takeaways from New Jersey’s Sweeping “Temporary Workers’ Bill of Rights”

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New Jersey is leading the movement to create affirmative protections for temporary laborers. On February 6, Governor Murphy signed the “Temporary Workers’ Bill of Rights,” which strengthens protections for temporary workers....more

Fisher Phillips

Seattle Blazing a Trail for Cannabis Industry Employees: Here’s What Their Employers Need to Know

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Seattle is not only a hotbed for the cannabis industry but also for cannabis industry employment protections. City officials signed three ordinances into law in 2022, each pitched as a way to promote equity in the cannabis...more

Fisher Phillips

Top 7 Takeaways from New Jersey’s Sweeping ‘Temporary Workers’ Bill of Rights’

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New Jersey is set to strengthen protections for temporary workers in a sweeping bill known as the Temporary Workers’ Bill of Rights. The measure would codify unprecedented measures for the state’s temporary workforce and...more

Miller Canfield

EEOC Releases Updated ‘Know Your Rights’ Poster

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​​​​​​​The Equal Employment Opportunity Commission has released an updated poster that employers with more than 15 workers are required to display. The new poster, released on Oct. 19, 2022, and marked “(Revised 10/20/2022),”...more

Rumberger | Kirk

To Avoid FLSA Retaliation, Don’t Miss the Oral Complaints

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The Department of Labor (DOL) recently reminded field investigators to be on the lookout for retaliation against employees that are seeking to enforce their rights under the Fair Labor Standards Act (FLSA). On March 10,...more

Bowditch & Dewey

U.S. Department of Labor Releases Guidance on Protecting Workers From Retaliation

Bowditch & Dewey on

The U.S. Department of Labor (DOL) recently released guidance addressing retaliation against employees who assert workplace rights under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), as well as...more

Proskauer - Law and the Workplace

New York Department of Labor Issues Required Posting for Expanded Whistleblower Protection Law

The New York State Department of Labor (NYSDOL) has issued a form of required notice regarding the dramatically expanded whistleblower protections under New York Labor Law § 740 that took effect last month....more

Smith Debnam Narron Drake Saintsing & Myers,...

Federal Employment Agencies Announce Joint Anti-Retaliation Initiative

As further evidence that the Biden administration is laser-focused on protecting employee rights, the United States Equal Employment Opportunity Commission (EEOC), the United States Department of Labor (DOL), and the National...more

Fisher Phillips

What Employers Need to Know About the Nevada Hospitality and Travel Workers Right to Return Act

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The Nevada legislature followed several other cities and states by enacting sweeping legislation that provides certain employees with rights to return to their former employment. Senate Bill 386, the Nevada Hospitality and...more

U.S. Equal Employment Opportunity Commission...

Agri-AFC, LLC to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Employee After Learning of His Pre-Existing Back Condition, Federal Agency Charged - JACKSON, Miss. – Agri-AFC, LLC, an agricultural retailer which operates 21 retail locations throughout Alabama, Florida,...more

Benesch

Covid-19 Update for Employers: States and Municipalities Creating New Vaccine-Related Protections for Workers

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As vaccines for the Covid-19 virus have become more abundant and available for U.S. citizens, states and cities have started to enact protections for employees in order to facilitate vaccinations. Some of these new laws make...more

FordHarrison

Chicago Enacts Vaccination Anti-Retaliation and Rights Ordinance

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On April 21, 2021, the City of Chicago enacted the Vaccine Anti-Retaliation Ordinance that provides all workers in Chicago with rights to obtain COVID-19 vaccinations during their work hours and imposes significant penalties...more

Jackson Lewis P.C.

Indiana Joins States Prohibiting Employers From Mandating Device Implantation In Employees

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Indiana has joined the growing list of states taking legislative action to proactively curtail the risk of employer-driven devices, radio frequency identification devices (RFIDs), and microchip implantation, which some...more

Nilan Johnson Lewis PA

FAQs for Employers: Minneapolis’ Right to Recall Ordinance

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Minneapolis employers in the hospitality industry will likely soon have to contend with a new set of worker protection laws. The Minneapolis City Council is currently considering a citywide Hospitality Worker Right to Recall...more

Fisher Phillips

Expect These 8 Changes To OSHA Under The Biden Administration

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Media outlets announced Saturday that Joe Biden will become the 46th president of the United States. If the legal challenges to the election result fail and he is inaugurated in January, President-Elect Biden can begin taking...more

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