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

Update on Same-Sex Employee Benefits

In recent months employers around the country, have been scrambling to keep up with developments with respect to the evolving rights of employees in same-sex relationships. This articles touches on some recent guidance in...more

DOL Proposes Rule That Would Require Federal Contractors to Submit Pay Data

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently proposed a rule that would require certain federal contractors to submit annual “Equal Pay Reports” providing summary data on...more

FMLA Stands for "Family and Medical Leave Avalanche"

We noted last year that 20 years after the original passage of the Family and Medical Leave Act (“FMLA”), the Department of Labor issued a survey report lauding the effectiveness of the law and the positive impact it has had...more

New Executive Orders and Department of Labor Proposals Impose Increased Compliance Burden on Government Contractors

President Obama recently signed the third of three Executive Orders (E.O.s) issued this year, which will significantly change the labor and employment compliance landscape for government contract prime contractors and...more

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

Fenwick Employment Brief - August 2014

Partial-Day Leave Deductions Lawful for Exempt Employees - A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more

"Fair Pay and Safe Workplaces" Executive Order Requires Government Contractors to Disclose Labor Violations and Restrict Use of...

On July 31, 2014, President Obama signed the "Fair Pay and Safe Workplaces" Executive Order, which imposes new requirements on federal contractors to disclose labor violations and also prohibits certain government contractors...more

A Terrible, Horrible, No Good, Very Bad Year: President Obama Targets Federal Contractors Again, This Time on Labor Law Compliance

Federal contractors must be straining their necks to see if they have an actual target on their backs. Last week, President Obama signed an executive order that requires federal contractors to disclose labor and employment...more

Executive Order Creates New Disclosure Obligations for Government Contractors: Once Implemented, the Order Will Fundamentally...

The July 31, 2014, executive order, "Fair Pay and Safe Workplaces," introduces a broad federal contractor reporting scheme that alters the relationship between prime and subcontractors, creates an obligation for contracting...more

President Obama Issues Executive Order Aimed at Federal Contractors That Violate Labor Laws

The Fair Pay and Safe Workplaces Executive Order, signed by President Obama and released by the White House on July 31, 2014, is the latest in a series of recent directives on the employment obligations of federal...more

President Obama Signs Fair Pay and Safe Workplaces Executive Order

On July 31, 2014, President Obama signed the “Fair Pay and Safe Workplaces” Executive Order, which requires bidders on federal procurement contracts for goods and services (including construction) in excess of $500,000 to...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

USDOL Brief Elaborates Upon "Intern" Views

We wrote some time ago about a lower federal court's determination in Glatt v. Fox Searchlight Pictures that at least two unpaid interns were "employees" for federal Fair Labor Standards Act purposes. ...more

Employee Benefits: Important Wellness Plan and Mental Health/Substance Use Disorder Parity Effective Dates Have Arrived!

Employers and insurers offering medical plans: take note! Two important final regulations issued jointly by the IRS, DOL and HHS (the “Departments”) apply to plan years (or, in the individual market, policy years) beginning...more

DOL Seeks to Extend FMLA Rights Relating to Same-Sex Spouses

The U.S. Department of Labor (DOL) published a notice of proposed rulemaking on June 27, 2014, announcing a proposal that would expand the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include all...more

Same-sex marriage and the FMLA: What you need to know

As most of you have heard by now, the U.S. Department of Labor has provided a “sneak preview” of a Notice of Proposed Rulemaking on the definition of “spouse” in the Family and Medical Leave Act. The proposed changes would...more

Employers Must Post Updated Minimum Wage Order by July 1, 2014

Effective July 1, 2014, the California minimum wage increases to $9.00 per hour (from $8.00). It will increase further to $10.00 per hour effective January 1, 2016. Employers must post the applicable California Department of...more

Court Awards Fees And Costs Against USDOL

A Texas federal court has ordered the U.S. Labor Department to pay more than $560,000 in attorney's fees, paralegal fees, and travel expenses growing out of litigation under the federal Fair Labor Standards Act. USDOL...more

Labor Dept. Proposes to Extend FMLA Protections To Eligible Employees In Same-Sex Marriages

A rule proposed by the U.S. Department of Labor would extend the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live. The FMLA allows...more

DOL Proposes To Amend FMLA’s Definition of ‘Spouse’

A year after the Supreme Court struck down Section 3 of the Defense of Marriage Act in United States v. Windsor, the U.S. Department of Labor (DOL) has proposed to amend its regulations under the Family and Medical Leave Act...more

DOL Proposes to Expand the Availability of FMLA Leave to All Same-Sex Spouses

On Friday, June 20, 2014, the Wage and Hour Division for the U.S. Department of Labor (“DOL”) announced a proposed rule that would extend the spousal leave protections afforded by the Family and Medical Leave Act (“FMLA”) to...more

Another Example of Owner Liability for Unpaid Wages and Liquidated Damages for Employee Misclassification

Do you still think that business owners aren’t responsible for wage and hour law violations? Do you think that a court will only award liquidated damages where the violation is willful? Think again. Following an investigation...more

Interns Win One, Lose One, In Having Misclassification Cases Conditionally Certified In New York

There has been a great deal of coverage involving litigation by interns against various media and entertainment companies in New York. We won’t recount the many articles, blogs, and discussions about this issue. If you need a...more

Paraprofessional FMLA Regulations Formally Adopted: School Paraprofessionals Will Now Be Eligible For FMLA Leave Once They Have...

On May 12, 2014, the Connecticut Secretary of State’s website posted the Department of Labor’s Family and Medical Leave for School Paraprofessionals final regulations. Under the new regulations, Connecticut school districts...more

Department of Labor Sets FLSA Regulation Deadline for November 2014, Final Regulations Unlikely to Arrive Before Spring 2015

Recently, we told you that President Obama had issued a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair...more

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