News & Analysis as of

Employee Rights Compliance

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 -

OSHA Updates “General Industry Digest”

by Seyfarth Shaw LLP on

Federal OSHA has recently revised and re-published its “General Industry Digest” (Digest). OSHA 2201-08R 2015. The Digest gives an overview of OSHA’s general industry standards to aid employers, supervisors, workers, and...more

Whistleblowing: An Employer’s Guide To Global Compliance

by DLA Piper on

In This Issue: - Foreword - A Summary Across Five Continents - Law and Sanctions - The Legislative Framework: Whistleblower Protections Across the Globe - Global Differences: The Cultural...more

Is Your Company Prepared for the Changes to CFRA Leave?

by Reed Smith on

The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following (...). The amended CFRA...more

Update on the Massachusetts Earned Sick Time Law: What Employers Need to Do by July 1, 2015

by McCarter & English, LLP on

The Massachusetts Earned Sick Time Law (the “ESTL”) becomes effective next month, imposing significant obligations on all employers to provide up to 40 hours of earned sick time to Massachusetts employees. By July 1, 2015,...more

New York City Passes Ban-the-Box Legislation Affecting Private Employers

by FordHarrison on

On June 10, 2015, the New York City Council passed the NYC Fair Chance Act (the Act) in a landslide vote. Sponsored by New York City Council Member Jumaane Williams (D-Brooklyn), the Act amends the New York City Human Rights...more

$228 Million: The Cost of Independent Contractor Misclassification for FedEx Ground in California

by Pepper Hamilton LLP on

Yesterday, June 12, FedEx announced in papers filed with the SEC that its Ground Division “has reached an agreement in principle with [drivers] in the independent contractor litigation that is pending in …California [federal...more

Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

by JD Supra Perspectives on

In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith...more

[Event] Massachusetts Employment Law Summit - May 13, Boston, MA

Employers and their HR departments are faced with a host of new issues and challenges. When you’re not navigating new state, federal, and local laws and making sure systems are in place to comply with them, you’re busy...more

2015 Hot Topics for Multinational Companies

by Littler on

As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues...more

Mandatory Paid Sick Leave Approved in New Jersey’s Trenton, Montclair

Residents of both Trenton and Montclair voted to approve mandatory paid sick leave by employers in their respective municipalities, bringing the total number of municipalities in New Jersey that now have mandatory paid sick...more

October 2014 Independent Contractor Compliance and Misclassification Update

by Pepper Hamilton LLP on

- TAX COURT DECISION REMINDS COMPANIES THAT “OFFICERS” ARE STATUTORY EMPLOYEES AND THEREFORE CANNOT BE INDEPENDENT CONTRACTORS. The United States Tax Court held that a company that was engaged in the buying, reconditioning,...more

Fear and Loathing in D.C.: More Thoughts and Predictions about the New FLSA Regulations

by Franczek Radelet P.C. on

For most of the year, we have been discussing the upcoming FLSA regulations and what employers can expect related to the white collar exemptions. Recently, the DOL delayed the release of proposed rules, potentially for...more

New York’s Voting Leave Law and Posting Requirements for the Mid-Term Election

Federal midterm and statewide elections are scheduled in New York State on Tuesday, November 4, 2014. As such, employers must ensure that they comply with New York’s voting leave law. Under N.Y. Election Law § 3-110(1),...more

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

by Fisher Phillips on

"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more

New Laws Affecting California Employers

by Fenwick & West LLP on

The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide arbitration data on their websites, in a...more

Federal Contractors: In the Line of Regulatory Fire

On October 10, 2014, the White House hosted a listening session regarding President Obama’s “Fair Pay and Safe Workplaces” Executive Order, one of many new laws imposing significant new requirements on federal contractors....more

Court Determines that Employer's FMLA Notice Sent by Email is Not Reliable (Sending Employer World into Tizzy)

by Franczek Radelet P.C. on

We have a mini-FMLA crisis on our hands this week, and the courts are to blame. This issue involves the FMLA notices that employers send to employees, but more importantly, the delivery route in which they send them....more

FedEx Hit with Avalanche of Independent Contractor Misclassification Rulings

by Pepper Hamilton LLP on

In the past week, the Supreme Court of Kansas and the National Labor Relations Board have issued lengthy, comprehensive opinions finding that FedEx misclassified its Home Delivery and Ground Division drivers as independent...more

Don't Be Tripped Up by Light Duty Obligations under the FMLA and ADA: A Discussion of Employer Best Practices

by Franczek Radelet P.C. on

Earlier this week, I had the privilege of presenting on the FMLA and ADA reasonable accommodations at CUPA-HR‘s annual conference with my friend, Stan Kulesa from The Standard....more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

MOL safety blitz results show many new businesses non-compliant with basic requirements

by Dentons on

The results of a recent Ontario Ministry of Labour safety blitz shows many new small businesses violate basic legal requirements such as posting a copy of the Occupational Health and Safety Act. And non-compliant employers...more

Privacy And M&A Transactions: The Do's And Don'ts

by DLA Piper on

Most M&A transactions require parties to exchange at least some personal information, whether it is the seller's employee or customer personal information. Addressing privacy compliance at an early stage of the M&A...more

Breaking: OFCCP Issues Directive On Gender-Identity Discrimination

The Office of Federal Contract Compliance Programs has issued a new directive on gender-identity discrimination, consistent with President Obama’s recent amendment to Executive Order 11246. ...more

State Law Wage & Hour Resource: You’ll Need It!

You thought that figuring out, and staying on top of, the federal Fair Labor Standards Act was tough. Well, don’t forget that you must comply with state wage and hour laws as well. Sure, the FLSA is quite nuanced and complex;...more

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