Employee Rights

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

California Enacts New Law Mandating Paid Sick Leave for Employees

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. As a result, most employers in California will be required to provide up to 24 hours (3 days) of...more

The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

New California Legislation Mandates Paid Sick Days for Employees.

On September 10, 2014, California Governor Jerry Brown signed into law AB 1522, the Healthy Workplaces, Healthy Families Act of 2014 (“the Act”). The Act grants nearly all California employees the right to at least three...more

Misclassification of Workers: An Attempt to Save Could Cost Your Business A Bundle

Many business owners, including those in the construction industry, have noticed that their classification of workers is being closely scrutinized by a variety of federal and state regulatory agencies. There is no indication...more

New Mandatory Paid Sick Leave Law for California (aka: Take Two Aspirin and Call Me in the Morning)

On September 10, 2014, California became the second state in the nation to require private sector employers to provide paid sick leave to their employees. ...more

Ninth Circuit Approves Statistical Sampling And Affirms Certification Of Overtime Class

The Ninth Circuit recently affirmed certification of a class of an estimated 800 current and former California-based Allstate Insurance Company adjusters who allege that Allstate has a practice or unofficial policy of...more

Silicon Valley Misclassification: ‘New York’ Magazine Focuses on How the 1099 Economy May Be Exposing Tech Start-Up Companies to...

Today’s online edition of New York Magazine’s “Daily Intelligencer” includes a comprehensive article on how Silicon Valley start-up tech companies using “the 1099 model” may be exposed to employment, tax, and benefit law...more

Are You Sick of New Employment Laws? California Enacts Mandatory Paid Sick Leave Law

Effective July 15, 2015, California employers must provide paid sick leave to any employee who works at least 30 days in the state. The newly signed Healthy Workplaces, Healthy Families Act of 2014 (the “Act”), which...more

California Enacts Mandatory Paid Sick Leave Law

California Governor Jerry Brown has signed into law the Healthy Workplaces, Healthy Families Act of 2014, which requires employers to provide almost all California employees with three paid sick days per year. Although many...more

Be Global - September 2014 (Global Labor & Employment)

Highlights: Australia: No implied term of mutual trust and confidence in Australian employment contracts - In a welcome development for employers, the High Court of Australia has handed down a landmark decision that...more

Ownership of Photograph by Employee

While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work...more

Not Just Minimum Wage: Proposed Paid Sick Leave Laws on the Rise, Too

Earlier this month, we told you about California’s new statewide sick leave law, which Governor Brown subsequently signed. While minimum wage increases seem to be getting the lion’s share of the press right now, proposed paid...more

Major changes in store for Tennessee wrongful discharge law

Last month, Tennessee Governor Bill Haslam signed into law legislation (Public Chapter 995) that will significantly amend the Tennessee Human Rights Act (“THRA”), the Tennessee Public Protection Act (“TPPA”), and the...more

FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave. An employer which does not have such a policy may not deny...more

California Employers May Get Ill Over California’s New Mandatory Paid Sick Leave Law

The collective sobbing you may have recently heard from the west coast of the United States was that of California employers in response to Governor Jerry Brown’s September 10, 2014 signing of AB 1522 – California’s new paid...more

France: Taking into Account Absences Due to a Strike While Calculating Bonuses Does Not Necessarily Infringe the Right and the...

Under the French Labor Code, the exercise of the right to strike shall not lead to retaliation by the employer in terms of employee compensation or benefits....more

Mandatory Paid Sick Leave Bill Signed Into Law and Effective July 1, 2015

On September 10, 2014, Gov. Jerry Brown signed the “Healthy Workplaces, Healthy Families Act of 2014”. As of July 1, 2015, the new law requires both public and private employers, including private employers of any size and...more

Fenwick Employment Brief - September 2014

California Becomes Second State to Mandate Paid Sick Leave - On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers,...more

Baby on Board: Illinois Increases Protection in the Workplace for Expectant and New Mothers

On August 26, 2014, Illinois Governor Patrick Quinn signed into law House Bill 8, an amendment to the Illinois Human Rights Act (the “IHRA”) that prohibits discrimination on the basis of pregnancy, childbirth, or medical or...more

Employment Law Summer Recap 2014: Part 4 of 11 – Chris Pratt and Unexpected Surprises in Hollywood and the World of California...

This summer, those (31?) of us who watched Chris Pratt steal scene after scene in Parks & Recreation saw him ripen into the star we always hoped he’d become. First he charmed audiences as the voice of Emmett in the Lego Movie...more

New Law Requires California Employers to Provide Paid Sick Leave

California Governor Jerry Brown has signed into law the Healthy Workplaces, Healthy Families Act of 2014. The new law requires almost all California employers to provide paid sick time to most full-time and part-time...more

France: What Should an Employer Do Where an Employee Seeks a Declaration of Constructive Dismissal without Resigning?

Under French law, there are various ways in which an employment contract may be terminated: resignation, dismissal, redundancy, amicable termination and so on. There is also a category of termination which is similar to a...more

D.C. the Latest Jurisdiction to Ban the Box

The District of Columbia is on the verge of joining the 13 other states (and numerous cities and counties throughout the country) that have enacted “Ban the Box” laws prohibiting or limiting an employer from asking job...more

Back To Basics: A Divided Seventh Circuit Upholds Indiana’s “Right To Work” Law

In 2012, Indiana enacted the “Indiana Right to Work Act”, prohibiting unions from requiring an individual, as a condition of employment, to 1) become or remain a member of a labor organization; 2) pay dues, fees, assessments,...more

California Enacts State-Wide Paid Employee Sick Leave Law

On September 10, 2014, California Governor Jerry Brown signed AB 1522 (the “Healthy Workplaces, Healthy Families Act of 2014”) and made California the second state in the nation (after Connecticut) to enact a state-wide law...more

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