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 -
News & Analysis as of

Curb Appeal: Looks Matter When It Comes to the ADA

I’m frequently asked two questions by business owners and managers when it comes to ADA compliance and lawsuits. The first question is, “what type of businesses get sued most often?”...more

How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Liability & Minimum Wage Hikes

This webinar was designed to help employers keep up with recent developments in the rapidly-evolving area of wage and hour law compliance. These developments include ongoing efforts by federal and state leaders to increase...more

An In-Depth Look At The EEOC’s New Enforcement Guidance On Pregnancy

This past Monday, July 14, a divided EEOC issued its new guidance, which supersedes the 1983 chapter on pregnancy discrimination in its Compliance Manual. It also issued a Q&A and a Fact Sheet. A lot has happened since 1983,...more

Employment Law - June 2014 #3

Employers Win, Lose in Latest California Supreme Court Opinion on Arbitration - Why it matters: The California Supreme Court continued its complicated relationship with employment agreements and arbitration on June 23...more

$15M Judgment Reversed Due to Flawed Statistical Sampling Approach to Class Action

In a significant victory for California employers, the California Supreme Court threw out a $15 million judgment in favor of allegedly misclassified employees. In Duran v. U.S. Bank National Association, a putative class of...more

New Colorado Wage Law Expands Coverage And Enforcement Methods

The Wage Protection Act of 2014, signed by Gov. John Hickenlooper on May 29, expands the state’s wage payment law to include additional types of claims, and grants the Colorado Division of Labor in the Department of Labor and...more

Executive Briefing - May 2014

In This Issue: - ADA Reasonable Accommodation Requests: Avoid Rigid Policies and Consider Technology - IRS Issues Guidance on Qualified Plan Amendments Regarding Same Sex Spouses - OSHA to Refer Untimely...more

NLRB Finds Health Care Employer Unlawfully Removed Union Flyers and Prohibited Employees From Wearing Union Insignia

On May 22, 2014, the National Labor Relations Board (NLRB) issued its decision in Healthbridge Management, finding that Healthbridge Management, LLC violated the National Labor Relations Act (NLRA) by removing flyers from...more

Employment Law Commentary, Volume 26, Issue 5, May 2014

In This Issue: - Meal and Rest Break Compliance In The Post-Brinker Era - European Court of Justice: Commissions May Need to be Included in Holiday Pay - Excerpt from Meal and Rest Break Compliance In The...more

"No Harm, No Foul" and the FMLA Still Means "Be Diligent"

We routinely remind employers about the importance of dotting every “I” and crossing every “T” with their Family and Medical Leave Act (FMLA) paperwork because, if they do not, employees can attempt to make a mess over...more

By the Book: What’s Lurking in Your Employee Handbook – And How Recently Has it Been Reviewed?

Ideally, a company’s employee handbook lays the groundwork for the employer-employee relationship, spells out what is expected of employees, and serves many purposes that are critical to sustaining a company’s business and...more

I Don't Always Round Time Entries, But When I Do...I Follow The FLSA Regs [Wage & Hour FAQ]

In my last post, I discussed how the FLSA approaches the “rounding” of time. In short, rounding is simply the practice of adjusting time clock punch times within specific bounds. For example, if your employees punch in for...more

What you need to know about the continuing trend to regulate employers at the local level

The increasing regulation of private-sector employers at the city, county, and local regional agency level is a significant continuing trend. Many state and federal employment laws expressly allow or don’t expressly preempt...more

The Ever-Changing Landscape of Employment Law: 2014 and Beyond

Nossaman Partner Veronica Gray recently participated in a virtual roundtable discussion with other leading employment attorneys and experts in the region to provide commentary regarding the current state of labor legislation,...more

Minnesota's New Women's Economic Security Act Becomes Law - Employers Need To Take Note As Some Provisions Are Effective...

On Mother’s Day, May 11, 2014, Governor Dayton signed Minnesota’s new Women’s Economic Security Act into law. Employers should take note of the following provisions, some of which are effective immediately...more

The GPMemorandum, Issue 180

In This Issue: - Franchisor Uses Uniform Domain-Name Dispute-Resolution Policy To Obtain Control Over Infringing Domain: A franchisor whose trademark was being infringed in a domain name recently obtained...more

Legislature clarifies ‘misconduct’ definition for denial of unemployment claims

For the second time in two years, the Oklahoma Legislature has passed reform related to the definition of “misconduct” as defined in the Employment Security Act. The reform provides clarification to employers as to which...more

Third Circuit Articulates Theories Of Successor Liability Under FLSA

In Thompson v. Real Estate Mortgage Network, No. 12-3228 (3d. Cir. Apr. 3, 2014), the Third Circuit Court of Appeals recently found a successor employer potentially responsible for Fair Labor Standards Act (FLSA) violations...more

Florida Employment Law Compliance: The key question is not written in the law.

Have you experienced or heard of a company that made an employment decision that technically complied with the law, but were still sued by an employee? There is no law requiring the employer to evaluate whether it looks like...more

Understanding Nonunion Workers' Rights

The National Labor Relations Board is more closely scrutinizing the actions of private, nonunion employers on behalf of nonunion, private sector employees. BB&K’s Roger Crawford explains why, and how these employers can avoid...more

Annapolis Internal Medicine to Pay $22,500 to Settle EEOC Pregnancy Discrimination and Retaliation Suit

Medical Practice Fired Receptionist Who Complained About Pregnancy Discrimination, Federal Agency Charged - BALTIMORE - Annapolis Internal Medicine, a large Annapolis-based internal medicine practice, will pay $22,500...more

FLSA Revisions Won't Be Quick Or Easy

Recently on Twitter, I commented that revising the FLSA regulations won’t be quick or easy. Speaking of Twitter, if you’re not following @WageHourInsight yet, why not? I find lots of interesting tidbits every day that don’t...more

U.K. Law for the U.S. Employer, Part II: Discrimination, Data Privacy, and Termination Rights

Part one of this three-part series covered the basic principles of employment laws in the United Kingdom and the minimum benefits and rights to which employees are entitled. Part two covers a number of employers’ obligations...more

U.K. Law for the U.S. Employer, Part I: Basic Principles, Contracts, and Minimum Benefits and Rights

The United Kingdom’s and the United States’ employment laws differ in a number of ways. This three-part blog series summarizing U.K. employment laws will introduce U.S. employers to key concepts of the U.K. law that may be...more

President Obama to Order Expansion of Overtime Pay

President Obama is expected to issue an order today directing the Department of Labor to expand the number of people who qualify for overtime pay under federal labor law. According to reports in the Washington Post and other...more

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