Employee Rights Employer Liability Issues

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

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

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

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

AB 1522 Requires California Employers to Update Paid Sick Leave Policies

On September 10, 2014, Governor Brown signed AB 1522 into law (the “Healthy Workplaces, Healthy Families Act of 2014”). The new law requires many California employers to provide paid sick leave benefits to their employees....more

California to Mandate Paid Sick Leave

On September 10, California Governor Jerry Brown signed bill A.B. 1522—officially known as the Healthy Workplaces, Healthy Families Act of 2014—requiring California employers to provide employees with at least three paid sick...more

Governor Signs Paid Sick Leave Law Bill Applicable to Public & Private Employers

New Law Goes Into Effect July 1, 2015 - Yesterday, Gov. Jerry Brown signed the “Healthy Workplaces, Healthy Families Act of 2014” (AB 1522 - Gonzalez). As of July 1, 2015, the new law requires both public and private...more

To Your Health: California Enacts Broad Sick Leave Law

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), making California only the second state to require paid sick leave. In a press release, the Governor’s...more

California Legislature Passes Controversial Sick Pay Law

Under the Act, employees must accrue one hour of paid sick leave for every thirty hours worked, up to a total of 24 hours per year. New employees may begin using accrued sick days after 90 days of employment. The Act further...more

Paid Sick Leave Now Mandatory in California: What Employers Need to Know Now!

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. The Act applies to public and most private employers and mandates paid sick leave to workers...more

California's Paid Sick Leave Law Imposes New Obligations

Yesterday, Sept. 10, California Gov. Jerry Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014.” Effective July 1, 2015, the Act imposes requirements upon employers in California very similar to those...more

Did You Know…Bill Mandating Paid Sick Leave Signed By Governor

Governor Edmund G. Brown Jr. just signed the Healthy Workplaces, Healthy Families Act of 2014, which takes effect on July 1, 2015. The new law requires nearly every employer in California to provide any employee who has...more

Requiring Employees to Work on Maternity Leave Could Interfere with FMLA Rights

If an employee claims her employer interfered with her rights under the Family and Medical Leave Act (FMLA), but she didn’t lose any salary or benefits, can she win her case? In Evans v. Books-A-Million, the Eleventh Circuit...more

How to Structure an Employee Severance Package Regarding COBRA and the ACA

Often, when parting ways with an employee, an employer may offer to pay for some months of COBRA continuation coverage so that the employee can remain covered without having to pay the substantial premiums associated with...more

New California Law Entitles Employees To Paid Sick Leave

On September 10, 2014, Gov. Jerry Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014.” This law will require California employers to grant employees, including some part-time and temporary employees,...more

Governor Brown Signs California’s Mandatory Paid Sick Leave Law

On Wednesday, September 10, 2014, Governor Jerry Brown signed a bill that provides workers with three paid sick days per year. Governor Brown enthusiastically endorsed the law’s passage in August when the California...more

Fair Warning: 10 Common Mistakes to Avoid under the Fair Labor Standards Act

Most healthcare employers have probably heard of the Fair Labor Standards Act ("FLSA") and most probably think it is pretty simple. Doesn't that law just deal with prohibiting child labor and paying overtime wages to hourly...more

Newark’s Paid Sick Leave Ordinance

The Ordinance provides every working private sector employee in Newark, whether full-time, part-time or temporary, who works at least 80 hours in a calendar year, with one hour of paid sick leave for every 30 hours worked....more

Oklahoma, Louisiana and Rhode Island Continue Trend Enacting New Password-Protection Laws

In 2012, Maryland became the first state to prohibit employers from requiring employees or job applicants to provide passwords to their personal social media accounts. Since then, the trend for states to limit employers'...more

New Pregnancy Accommodation and Payroll Card Laws Coming To Illinois

In the run up to Labor Day, Illinois Gov. Pat Quinn signed two public acts into law that significantly impact Illinois employers. The first is a major extension of the Human Rights Act that enhances pregnancy discrimination...more

Fourth Circuit Indicates That Employer Was Not Required to Provide Reduced Hour FMLA Leave Due to Business Needs

Job-protected Family and Medical Leave does not need to be taken as full-time absences from work. In some circumstances, the employee will request temporarily reduced hours to deal with a medical issue. In others, the...more

Philadelphia Passes Breastfeeding Act

On September 3, Philadelphia Mayor Michael Nutter signed City Council Bill 130992, amending Philadelphia’s Fair Practices Ordinance and making it illegal “for any employer to fail to reasonably accommodate an individual’s...more

Employment Law Commentary -- Volume 26, Issue 8 -- August 2014: The Death of Courtesy And Civility Under The National Labor...

In January 2013, we reported on the increasing focus of the National Labor Relations Board (NLRB or the “Board”) on employer policies and rules in non-unionized workplaces. The NLRB has continued in full force, creating more...more

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