Employee Rights Employer Mandates

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

San Francisco Passes the “Retail Workers Bill of Rights”

San Francisco recently enacted two sweeping ordinances that are being referred to as the “Retail Workers Bill of Rights”. The new laws impose strict new requirements on retail employers and establishments in the City of San...more

Massachusetts Enacts Parental Leave for Both Mothers and Fathers

In one of his last acts as governor, former-Governor Deval Patrick signed into law on January 7, 2015 an amendment to the previous Massachusetts Maternity Leave Law that extends eight weeks of unpaid leave to both male and...more

Employer Posting Requirements Under New Jersey Law

The year 2014 saw a growing number of municipal laws in New Jersey mandating paid sick leave, with corresponding mandatory posting requirements for employers (see below). Accordingly, with the arrival of 2015, New Jersey...more

Evolution of a Statutory Benefit: Use of Paid Sick Leave by Employees Who Aren’t Sick Themselves

The Connecticut employment laws mandate several workplace protections for employees which in an earlier era would have been found only in collective bargaining agreements or the employer’s own policies. Just a few examples...more

San Francisco Board of Supervisors Continues to Reshape Working Environment for Low-Wage and Part-Time Workers; Becomes First...

Just before the Thanksgiving break, as retailers were gearing up for “Black Friday,” “Cyber Monday,” and the newly-minted “Gray Thursday,” the San Francisco’s Board of Supervisors unanimously approved two new ordinances...more

Student Employees under the Affordable Care Act's Employer Mandate

Effective January 1, 2015, colleges and universities will need to comply with the employer mandate under the Affordable Care Act, which will have particular implications involving certain student employees. The employer...more

Circuit Court Split on ACA Could Impact Employer Penalties

In conflicting opinions released on July 22nd, two federal circuits split on whether Affordable Care Act subsidies are available under a federally operated health insurance exchange. “Pay or play” penalties apply only if...more

Burwell v. Hobby Lobby: What Else the Hobby Lobby Decision means

Whether you are a friend or foe of the Hobby Lobby decision handed down by the United States Supreme Court this past Monday, citizens must know the very real and far-reaching consequences of the decision. This...more

Recent Employee Benefits Developments

Amending Retirement Plans to Recognize Same-Sex Marriages Plan sponsors need to review retirement plan documents and operations to determine whether changes are needed in response to last year's Supreme Court decision in U.S....more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 26: Individuals Cannot Be Liable For Title...

There are all sorts of reasons why an employee would want to avoid discrimination or harassment of co-workers or direct reports, but the one which resonates the most is the potential that the employee can be found...more

General Assembly Approves New Laws for Illinois Employers

As the legislative session drew to a close at the end of May, the Illinois General Assembly approved several new laws that will affect Illinois employers beginning January 1, 2015. The laws are now awaiting approval by...more

No, Seriously: Don't Forget the Minimum Wage

Start-up companies are often in cost-saving mode, but when it comes to employees, be prepared to pay at least a minimum wage. Many companies forget about it. All companies, regardless of size, must pay either the...more

Employer’s Accommodation Is Enough

A Dairy Queen appropriately accommodated an employee’s legal blindness, even though it imposed the accommodation unilaterally. In Bunn v. Khoury Enterprises, Inc., No. 13-2292 (7th Cir. May 28, 2014), the employer determined...more

Dispelling Employment Myths Series – Issue 3: 15 Minute Breaks

Ever play the game telephone? It’s a game in which one person whispers something into the ear of the next person, and that person is supposed to whisper the same thing into the ear of the next person, and so on. When the...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

EEOC Provides Stark Reminder of Scope of Religious Accommodation

When most employers hear the term “reasonable accommodation,” their thoughts immediately turn to the Americans with Disabilities Act (ADA). But the ADA is not the only federal statute that requires employers to accommodate...more

Managing Employee Medical Leave: How Much Leave Is Reasonable?

To date, there are few bright line rules to guide employers in determining how much leave is reasonable under the Americans with Disabilities Act (ADA). Further, employers sometimes mistakenly assume that if an employee has...more

The NLRB Battle Continues Against Even the Most Basic of Employee Rules

The war on reason being waged by the National Labor Relations Board and its Administrative Law Judges against primarily non-union employers continues. From the decisions appearing almost weekly, it seems that a design exists...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

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 12: The FMLA Becomes Law In 1993

Just over twenty years ago, employees who needed to take time off work for an extended period to tend to their own or family members’ health had no national law guaranteeing they could take a leave of absence with the comfort...more

Three Square Meals Er...Breaks - Why You Should Never Round Breaks [Wage & Hour FAQ]

In my last two posts, I’ve discussed rounding at the beginning and end of a shift, but what about rounding for meal breaks? If an employee clocks in from lunch at 12:25, do you round that time to 12:30? Unlike the beginning...more

It’s Catching: Is the Spread of Paid Sick Leave Laws Making Employers Ill?

As winter has turned to spring, and flu season has turned to allergy season, have your employees been accruing government-mandated paid sick leave? They might be if they happen to work in New York City (NYC), Newark, or...more

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

10 Tips for Hiring Summer Interns and Staying FLSA Compliant

Unpaid internships traditionally allow inexperienced students to gain hands-on knowledge in their field. In turn, employers use internship programs to find and test-drive new talent, increase productivity, support students...more

Flexible Working Time Arrangements in France

“Forfait-jour” arrangments offer flexibility with some limitations. Working time regulations can be quite a confusing matter in France. Indeed, even though the legal duration of work is equal to 35 hours per week,...more

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