News & Analysis as of

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 -

What’s On Your Wall?

The following is a poster and distribution chart for New Jersey that includes INFORMATION that must be posted under federal and NJ law. There are many posting and distribution requirements for New Jersey employment laws. If...more

Focus on the FMLA – Part I

by Zelle LLP on

This post is the first of two about the Family and Medical Leave Act (FMLA)—and more specifically, about aspects of the FMLA that may be less familiar and seem to be sticking points for employers’ compliance efforts....more

Employment Law - November 2016

California Employers Have Special Obligations on Election Day - Next Tuesday our nation goes to the polls in what pundits expect will be record numbers. California employers have special obligations on Election Day to...more

The DOL’s New FMLA Poster – Does It Impact Your FMLA Policy?

by Bryan Cave on

By now, you’re likely aware (and if you’re not, you should be) that, in April, the U.S. Department of Labor (“DOL”)issued a new “Employee Rights Under The Family And Medical Leave Act” poster, to replace the prior poster on...more

DOL Releases Updated FMLA Materials

The United States Department of Labor (DOL) recently issued a new Family and Medical Leave Act (FMLA) poster. Employers who are covered by the FMLA are required to display a DOL-prepared poster advising employees and...more

Wage And Hour Developments That Affect All California Employers

I. MINIMUM WAGE UPDATE: A. Federal and State Requirements - The current federal minimum wage is $7.25 per hour. This has been the federal minimum wage for the last six years, and although there are proposals to...more

PilieroMazza Legal Advisor - Fourth Quarter 2015

by PilieroMazza PLLC on

More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier - Following recent proposed changes to the FAR’s small business...more

A Special Wage Rate for the Mercantile Industry

We have been asked from time to time by clients whether employees working for a business in the retail sale of goods are required to be paid a minimum of four (4) hours even if required to work less....more

Preparing for Compliance with California’s New Fair Pay Act

by Reed Smith on

When California’s Fair Pay Act goes into effect January 1, 2016, the state’s employers will be subject to the strictest equal pay law in the country. The new law is part of an increased effort on both the federal and state...more

That is SO last week - October 2015 #4

by Zelle LLP on

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Colorado Vacation Pay Update

by Sherman & Howard L.L.C. on

Earlier this month, we alerted you that the Colorado Department of Labor was considering an enforcement position with respect to “use it or lose it” vacation policies. The CDOL recently issued a FAQ document about Colorado’s...more

Affirmative Action Update: Challenging the Pay Gap

by Stoel Rives LLP on

According to government studies, last year women overall made approximately 77 cents to the dollar in compensation compared to men. Black women made 64 cents to the dollar. Hispanic women made even less—55 cents to the...more

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

by Poyner Spruill LLP on

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

Employment Law Update: Wages and Water: What Do We Do?

by Nexsen Pruet, PLLC on

With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all...more

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

Proposed FLSA Regulation Means Higher Salaries in California

by Zelle LLP on

Earlier this summer, the U.S. Department of Labor (“DOL”) issued a proposed regulation that could make it more difficult for employers to classify employees as “exempt,” i.e., exempt from being paid overtime, under federal...more

Payment of Accrued But Unused Vacation Pay

The Connecticut rules for payment of accrued but unused vacation pay when employment terminates are fairly simple, but a brief refresher may be helpful to employers. Connecticut General Statutes § 31-71f requires...more

Federal Contractor Minimum Wage Rises to $10.15

by Balch & Bingham LLP on

The Wage and Hour Division of the U.S. Department of Labor published in the Federal Register earlier this week its official Notice regarding an increased minimum wage for employees of federal contractors to $10.15, which is a...more

President Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave

by Morgan Lewis on

The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more

Two New Developments Affecting Federal Contractors

by Miller & Martin PLLC on

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

BREAKING: Obama Administration Issues Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

On September 7, 2015, the President issued the Establishing Paid Sick Leave for Federal Contractors Executive Order (the “Order”) requiring federal contractors to provide up to 56 hours (7 days) of paid sick leave per year to...more

New Regulations Will Change Business for Government Contractors

by Thompson Coburn LLP on

The Administration has been active in promulgating Executive Orders (E.O.) that affect the stakeholders in the Government contracting process. On July 31, 2014, the President signed Executive Order 13673, “Fair Pay and Safe...more

The Electrician Is An Independent Contractor; The Uber Driver Isn’t

When I talk to businesspeople about the legal differences between employees and independent contractors, I often offer the electrician who comes to the office to fix a wiring problem as the paradigmatic independent...more

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