Employee Rights The United States Department of Labor

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

Looking Into My Crystal Ball At The Future Of FLSA Regulations

Last month, I wrote about the Obama Administration’s Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair Labor...more

President Obama's Directions to DOL Include Review of Duties Tests for Overtime Exemptions

Last week’s EmployNews reported a White House announcement that the Department of Labor has been instructed to review changing minimum salary levels for qualification for the executive, administrative and professional...more

The Time-and-a-Halfs They Are A ‘Changin’

Earlier this month, President Obama directed the U.S. Department of Labor to update the federal overtime pay regulations by revising the salary component of the executive, administrative, and professional exemptions. To...more

President Obama Directs DOL To "Modernize" FLSA Overtime Regulations

Yesterday, President Obama signed a Presidential Memorandum directing the Secretary of Labor to "modernize and streamline" the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the...more

President Obama Sics the DOL on Corporate Profits, Says Reduce the Number of Exempt Workers and Pay More Overtime

Just when you thought it was safe to go back in the water . . . or at least thought you might be getting a handle on the highly technical and nuanced regulations under the Fair Labor Standards Act governing the “white collar...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

Employment Law - Feb 20, 2014

EEOC Stats on Enforcement and Litigation, Plus BOL Reports on Union Numbers - Why it matters: What was the most common type of discrimination charge filed with the Equal Employment Opportunity Commission in fiscal year...more

Can An Employee Insist That The Employer Pay For FMLA Medical Certification?

Let's put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support...more

Should The White House Be Paying Its Interns?

The unpaid-interns ruckus continues to unfold, this time in a way that entangles President Obama. As we many have observed, an unpaid White House intern might conclude that he or she is “engaged in the operations of...more

Wage-Hour News Notes

Recent headline items touch upon matters of continuing concern: ? The Employment Policies Institute has highlighted what it calls "Maximum Hypocrisy on the Minimum Wage" among 96% of the Senate and House sponsors of...more

Federal Minimum Wage Stagnant but 13 States Raise Their Minimum Wages

In 2013, the U.S. Department of Labor made raising the federal minimum wage one of its priorities. The federal agency sought to create a discussion about the minimum wage through social media and town hall meetings across the...more

Act Now Advisory: Reminder to New York Employers: Annual Wage Notices Must Be Distributed by February 1 and Minimum Wage Has...

New York employers should be aware that, effective December 31, 2013, the statewide minimum wage increased from $7.25 to $8.00 per hour. This is the first in a series of incremental changes that will see the hourly minimum...more

New York Implements Changes to Unemployment Insurance Law

The State of New York has recently enacted several changes to its Unemployment Insurance Law due to the insolvency of the New York Unemployment Insurance Fund. Although designed to increase revenue, the changes will also...more

Bi-Weekly Pay in RI - Finally!!

We alerted you a few weeks ago that while we were all excited about the prospect of bi-weekly pay, we were still waiting for the required application to appear on the Rhode Island Department of Labor and Training ("DLT")...more

Legislative and Other Developments Affecting California Employers in 2014

This year has brought many significant changes that will impact all California employers. This annual report from Greenberg Glusker’s Employment Group summarizes some of the most important new federal and state legal...more

Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers...more

Supreme Court Hears Oral Argument and Appears to Seek Middle Ground on Definition of "Clothes" Under the FLSA

On Monday, November 4, the Supreme Court heard oral arguments in Sandifer v. United States Steel Corp. on the issue of the meaning of the term "clothes" in section 3(o) of the Fair Labor Standards Act (FLSA). Under the FLSA,...more

New Law – Bi-weekly Payment of Wages

As of January 1, 2014, a newly-enacted section of the Rhode Island Payment of Wages Act will allow certain private sector employers to pay their employees less frequently than weekly. Employers who wish to run less frequent...more

FMLA Rights Extended to Same-Sex Spouses Based on Law of State Where Employee Resides

The Department of Labor (DOL) recently updated Fact Sheet #28F: Qualifying Reasons for Leave under the Family and Medical Leave Act. For purposes of the Family and Medical Leave Act (FMLA), the term “spouse” includes a...more

FLSA Care for the Caregivers: New DOL Rule Broadens Minimum Wage and Overtime Protections for Direct Care Workers

A final rule issued by the Department of Labor (“DOL”) is to erode significantly a longstanding exemption under the Fair Labor Standards Act (“FLSA”). For nearly 40 years, under the companionship services exemption, home care...more

DOL Publishes Spanish Version Of Its FMLA Poster; Employers Should Consider Their Obligation To Post

Over the past several months, a number of employers have asked me when the Department of Labor would be issuing the Spanish version of its new DOL poster (which accounts for the new regulations issued earlier this year). The...more

Got a Granny? Minimum Wage and Overtime Premium Extended to In-Home Companions

In a long anticipated move, the U.S. Department of Labor (DOL) recently announced that it will issue a final regulation that will extend the minimum wage and overtime premium protections afforded by the Fair Labor Standards...more

In An Employee’s Shoes

How to avoid paying overtime and to evade pesky employment laws? Treat your workers as “independent contractors.” Print Problem solved. Or maybe not. An appellate court has reminded employers again about the costly...more

Secretary of Labor Perez Addresses 2013 AFL-CIO Quadrennial Convention And Lays Out Progressive Agenda

AFL-CIO RESOLUTION ATTACKS OBAMACARE - On September 10, 2013, U.S. Secretary of Labor Thomas E. Perez, to a standing ovation from assembled labor leaders, addressed the AFL-CIO’s 27th quadrennial constitutional...more

EmployerLINC Employment Law Update - FMLA leave and same-sex spouses

After the U.S. Supreme Court handed down its decision regarding same-sex marriages in United States v. Windsor this summer, a number of governmental agencies charged with administering employment laws have issued explanations...more

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