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

Colorado Supreme Court Set To Decide Seminal Drug Testing Case

As reported by Joe Palazzolo of the Wall Street Journal (subscription required), Colorado’s Supreme Court recently heard arguments on whether an employer can lawfully terminate an employee for off-the-job use of medical...more

Jointly Controlled Employee is Eligible for FMLA Leave

The Seventh Circuit recently held that although an employee’s employer was too small to be covered by the FMLA (less than 50 employees), because the employee also provided services to a second company and together the two...more

Required Consideration Lacking For Replacement Employment Contract

A September 23rd Connecticut Appellate Court decision tells a cautionary tale for employers drafting employment contracts intended to replace earlier contracts. Thoma v. Oxford Performance Materials, Inc., 2014 WL 4548490...more

"You Want More Time Off? "Dealing With Medical Leave Requests Under The FMLA And ADA

FMLA BASICS - - Applies to employers with over 50 employees within 75 miles - Applies to employees with at least 1,250 hours of service in last 12 months - Permits up to 12 weeks of total leave (job or equivalent...more

Final Rule Issued for $10.10 Minimum Wage for Federal Contractors

In February 2014, President Obama issued Executive Order 13658 to raise the minimum wage for federal construction and service contractors to $10.10 for all employees. Executive Order 13658 instructed the Department of Labor...more

EEOC Sues FedEx Ground for Failing to Accommodate Deaf Employees and Recruits

The EEOC recently announced that it is suing FedEx Ground Package System for allegedly violating the Americans With Disabilities Act in their dealings with deaf and hearing-impaired workers nationwide. The suit claims that...more

Four More New Jersey Cities Enact Sick Leave Laws

Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted ordinances requiring employers to provide paid sick leave to their employees....more

Reminder: Three New Statutory Leaves of Absence are Set to Take Effect in Ontario on October 29, 2014

On October 29, 2014, the following three new job-protected leaves of absence will come into effect under Ontario’s Employment Standards Act, 2000 (ESA)...more

Has the Affordable Care Act influenced COBRA? What if my employer fails to offer COBRA?  [Video]

Phoenix business law firm Jaburg Wilk's Employment law attorney Kraig Marton discusses how the Affordable Care Act has influenced or changed COBRA coverage. He also discusses what happens if a former employer fails to offer...more

Internships out of Fashion? Wage Lawsuits on the Rise in New York

Internships and training programs have been a staple of the fashion industry (among many other industries) for years. Luxury retailers have traditionally offered internships in the areas of communications, marketing,...more

Trends in New Jersey Employment Law - October 2014

Four More New Jersey Cities Enact Sick Leave Laws - Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted ordinances requiring employers to provide paid sick leave to their...more

Violation of OSHA Standards Now More Costly in Wisconsin

Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of...more

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

Titles Matter for Books, Not for Employers (or, How to be Jointly Liable as an Employer Even if You’d Rather Not Be)

Rarely does a court articulate a legal position so clearly that it can’t be stated any plainer. Such is the case in Castaneda v. The Ensign Group, Inc.: “A corporation with no employees owns a corporation with...more

Spotlight on Belgium: Trends in the Legal Landscape - Issue 6, Fall 2014

Welcome to the sixth issue of Spotlight on Belgium, the publication through which DLA Piper’s Belgian team brings you up-to-speed with the latest legal updates. And as we are freshly out of the holiday period – it may not...more

Philadelphia Requires Reasonable Accommodation of Nursing Mothers

On September 3, Philadelphia made it unlawful for an employer to fail to reasonably accommodate the need to express breast milk, where the accommodation does not impose an undue hardship. ...more

Guidance for Employers Regarding Ebola

On September 30, 2014, the Centers for Disease Control and Prevention (CDC) confirmed the first travel-associated case of Ebola to be diagnosed in the United States. The patient died of Ebola on October 8. More recently, on...more

“Freaky Fast” Oppression? Jimmy John’s Should Reconsider its Approach to Blanket Noncompete Agreements

Most competent employment lawyers with experience pursuing and/or rebuffing enforcement of noncompetition agreements know that enforcement against low level workers is highly unlikely. If recent news reports are true, Jimmy...more

High Court confirms no magic cloak for union activities

By a narrow majority, the High Court of Australia has held that the termination of an employee for holding up a "scab" sign while engaging in lawful industrial activity did not breach the Fair Work Act 2009 (Cth). The Court's...more

The Dawn of "Micro-Unions": A Scary Proposition for Employers

Unions can be difficult enough to manage, even for experienced employers. Imagine taking your workforce of 100 employees and dividing them up into 10 different collective bargaining units… represented by 10 different...more

How do I file for workers’ compensation in Illinois?

For Illinois workers, incurring a workplace injury can be a traumatic experience. On top of worrying over possible long-term effects on health and impairments to the ability to make a living, the anxiety over how to respond...more

The Cost of Security for Employers: Is Time Spent Going Through Security Compensable?

The Supreme Court will soon decide whether employers will be required to pay their employees for time spent going through a security clearance at the end of each shift. The case is Busk v. Integrity Staffing Solutions, Inc.,...more

Weekly Update Newsletter - October 2014 #2

SBA Data Shows Large Firms are Nabbing Contracts Reserved for Small Businesses - Federal procurement data show that large companies, including leading defense contractors, last year received millions of dollars in...more

Networking Company Pays $6 Million for Overtime Violations

The U.S. Department of Labor (DOL) slapped nearly $6 million in fines on a prominent online professional-networking company for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The fine...more

WHD Publishes Final Rule Increasing Federal Contractors’ Minimum Wage

On October 7, 2014, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published its Final Rule establishing standards and procedures to implement Executive Order 13658, entitled “Establishing a Minimum...more

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