Employee Rights Discrimination

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

President Obama Targets Equal Pay

On April 8, President Obama issued two executive orders which will impact employers who do business with the federal government. First, the President made it unlawful for contractors to retaliate against employees who discuss...more

Philadelphia Commission on Human Relations Issues New Pregnancy Rights Notice

On January 20, 2014, Philadelphia Mayor Michael Nutter signed an amendment to the city’s Fair Practices Ordinance expressly banning discrimination based upon pregnancy, childbirth, or a related medical condition and imposing...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

Miners’ Discrimination Complaints: What’s an Operator to do?

Mine operators across the United States are facing an unprecedented number of miners’ discrimination complaints filed under Section 105(c) of the Mine Act. The rise in discrimination complaints can be partly attributed to job...more

2014 Minnesota Legislative Session Opens with Multiple Bills of Concern to Minnesota Employers

Members of the Minnesota legislature recently introduced seven bills that could have very significant implications for Minnesota employers if passed into law. The bills will be heard in House committees this week and may move...more

Case Alert: Victimisation by a former employer is unlawful

What happened? An employee who claims discrimination is protected against victimisation by the employer, which means that the employee has the right not to be treated less favourably by the employer because of the fact...more

Gender Identity Legislation Introduced Again

After a 6-5 committee defeat in last year’s legislative session, Sen. Richard S. Madaleno, Jr. (D-Mont. Co.) has introduced the Fairness for All Marylanders Act of 2014 or “FAMA” (SB212) which is a reiteration of the 2013...more

EEOC Sues CVS to Preserve Employee Access to the Legal System

Federal Agency Takes Action to Ensure That Employees Retain the Right to File Discrimination Charges and Communicate With the EEOC - CHICAGO - CVS, the nation's largest integrated provider of prescriptions and...more

New Jersey Enacts Law Banning Pregnancy Bias in the Workplace

In January 2014, New Jersey continued its recent trend of legislative actions addressing women’s health and safety issues by enacting New Jersey’s Pregnant Workers Fairness Act (“Pregnancy Act”). This act expressly bans...more

2014 Employment Law Update

Whether you choose to set a New Year’s resolution or not, the start of a new year is normally full of changes if you are a business owner or employer. 2014 is no different, with dozens of new employment laws going into...more

Governor Christie Bolsters N.J.’s Law Against Discrimination To Expressly Protect Pregnancy and Childbirth

Last week, New Jersey Governor Chris Christie signed legislation amending the state’s powerful Law Against Discrimination (LAD) to provide increased protection for employees based on pregnancy, childbirth, or related medical...more

Trends in New Jersey Employment Law - February 2014

Appellate Division Roundup - In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions. State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more

Act Now Advisory: New Jersey Law Against Discrimination Amended to Require Reasonable Accommodation of Pregnancy

On Inauguration Day, January 21, 2014, Governor Chris Christie signed into law an amendment ("Amendment") to the New Jersey Law Against Discrimination ("LAD") that adds pregnancy as a protected classification. For purposes of...more

Annual Report on EEOC Developments - Fiscal Year 2013

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview...more

EEOC’S Charlotte District Office and Mexican Consulate Sign Historic Outreach Agreement

Agreement Establishes Ongoing Collaborative Relationship Between the Two Entities - RALEIGH, N.C. -- The Charlotte District Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

Reminder of Two New Obligations for New York City Employers

Employers operating in New York City should be reminded of two significant additions to the checklist of employment obligations that will become effective in the coming weeks....more

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

Attention New Jersey Employers: It’s Time to Post the New Gender Equality Notice

Effective January 6, 2014, New Jersey employers with 50 or more employees (regardless of whether those employees work inside or outside of New Jersey) must conspicuously post The New Jersey Commissioner of Labor and Workforce...more

A Not-So Happy New Year for California Employers: 2014 Legislative Update

It has become an annual New Year’s tradition in California -- employers getting up to speed on a host of new employment laws that will affect them in the coming year. The California Legislature was busy in 2013 imposing new...more

New Labor Laws Affecting Businesses Take Effect in 2014: BB&K's Cynthia Germano Examines the New Laws and Requirements for...

As the new year dawns and we all make resolutions we are bound to forget by March, the California Legislature has passed new laws for 2014 affecting your business that you cannot afford to ignore. Business owners should work...more

Expansion of Employment Protections for Employees Who Are Crime Victims, Including Obligations to Provide Reasonable...

Existing laws prohibit an employer from discharging, discriminating, or retaliating against an employee who is a victim of domestic violence or sexual assault for taking time off from work in connection with court proceedings...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

New York City Employers Face Tougher Disability Accommodation Standards

In Romanello v. Intesa Sanpaolo, S.p.A., the New York Court of Appeals adopted the broad reading of an employer’s duty to accommodate a disabled employee under the New York City Human Rights Law (City HRL), as initially set...more

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