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

Keeping up with the Germans?

The Women and Equalities Committee has demanded that the government publish a detailed plan to tackle the issue of pregnant women and mothers being forced out of work by employers’ outdated attitudes....more

California Legislative Update: Heading Into The 2016 Session's Final Month

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

GAO report shows continuing CFPB employee concerns related to fair treatment

A report last month issued by the Government Accountability Office (GAO) found that a survey of nonexecutive CFPB employees revealed “heightened concerns related to fair treatment, trust that employees can raise concerns...more

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per...more

Double Trouble: EEOC Increases Penalty for Posting Violations

Employers might want to wander right now into their office break rooms to review the legal rights posters on display to be sure they are current and accessible. Failure to comply with posting requirements will cost employers...more

New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules...

The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are...more

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

Discipline Based on Social Media Activity – An Update

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

New Women’s Equality Act Legislation Raises Bar for New York Firms

Last week, Gov. Andrew Cuomo signed into law eight (8) bills forming the bulk of the Women’s Equality Act, originally introduced in the New York State Legislature in 2012. The legislation amends the New York Labor Law and the...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

US Department of Labor Implements Final Rule Requiring Pay Transparency Among Federal Contractors

Executive Order 13665, signed by President Obama on April 8, 2014, prohibits federal contractors and subcontractors from discriminating against employees or applicants because they inquire about or discuss their compensation...more

Governor Brown Signs Fair Pay Act

SB 358, the Fair Pay Act, was signed into law by Governor Brown yesterday. Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the...more

Two New Developments Affecting Federal Contractors

On September 7, 2015, President Obama issued an Executive Order establishing paid sick leave for federal contractors. The Executive Order currently applies only to contracts entered into on or after January 1, 2017....more

U.S. Department of Labor Publishes Final Rule Implementing Pay Transparency Executive Order

On September 10, 2015, the Department of Labor issued its final rule, implementing Executive Order 13665  (the “Order”), which prohibits federal contractors from firing or otherwise disciplining employees or job applicants...more

Three Key Employment Updates

We have summarised three of the most notable employment related updates for you to mull over while enjoying the summer sun. European case opens the door for easier indirect discrimination claims to be brought by...more

That is SO last week - August 2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

Someone’s Knocking: If It’s the Union, Don’t Let Them in

The National Labor Relations Act protects employee solicitation of other employees and distribution of literature to form or join a union or to engage in other “concerted” activities. However, employers have the ability to...more

That is SO last week - July 2015 #4

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

That is SO last week - July 2015 #2

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the...more

The Benefits of Equality: How Same-Sex Marriage Can Strengthen Your Business

Regardless of whether you believe the Supreme Court should have decided the issue, last week’s decision on marriage equality has the potential to benefit your business. Because the decision creates a uniform definition of...more

Whistleblowing: An Employer’s Guide To Global Compliance

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

The U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to...more

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

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