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Employee Rights Hiring & Firing

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 -

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

North Carolina Doubles Down on Enforcing Employee Misclassification

On August 11, 2017, Governor Roy Cooper signed into law the Employee Fair Classification Act. While the Act does not change the definition of what constitutes an “employee” under existing North Carolina law, the Act does...more

What Can You Say in the Workplace? Whatever Your Employer Allows You to Say...

The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more

AB 119: What Public Employers Need to Know about their Obligations to Give Unions Access to New Employees - Information, Access...

by Best Best & Krieger LLP on

Last week Gov. Jerry Brown signed Assembly Bill 119 into law, which requires public employers to provide union representatives access to new employees during their orientations. This bill defines employee orientation as the...more

Long-term loss of earnings and whistleblowing

by Dentons on

In Small v. Shrewsbury and Telford Hospitals NHS Trust the Court of Appeal has held that where a claimant's employment has been terminated due to a protected disclosure the tribunal can award compensation for long-term loss...more

Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All...more

Massachusetts Expands Employers' Obligation to Accommodate Pregnant Employees

by Littler on

On July 27, 2017, Governor Baker signed the Massachusetts Pregnant Workers Fairness Act (the “Act”). Once the Act takes effect on April 1, 2018, most employers with employees in Massachusetts will be required to provide...more

UK: The Biggest Shake Up of Employment Law in a Generation?

by Littler on

On July 11, 2017, the UK government published the Review of Modern Working Practices. The report was issued by Matthew Taylor, chief executive of the Royal Society of Arts and a former policy chief to Tony Blair. Current...more

Eighth Circuit Rules that Jimmy John’s Employees’ “Disloyal” Attacks Lost Protection of the NLRA

On July 3, 2017, the Eighth Circuit overturned a National Labor Relations Board (the “Board”) decision finding that a Jimmy John’s franchisee, MikLin Enterprises, Inc. (“MikLin”) violated the National Labor Relations Act...more

Notice of Rights of Victims of Domestic Violence Now Required for New Hires in California

Last September, California Governor Jerry Brown signed Assembly Bill 2337, which, effective July 1, 2017, requires California employers with 25 or more employees to provide written notice of workplace rights for victims of...more

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

by Jackson Lewis P.C. on

Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal...more

Los Angeles Ensures Employees Know Their Rights. Employers, Take Notice.

by Lewitt Hackman on

If Los Angeles was a person rather than a city, you could practically hear her telling employers, “It’s ON.” The warning comes by way of a massive ad campaign to remind members of the working public they have certain...more

Overhaul of Alberta’s Workplace Laws Now Underway

Significant changes to Alberta’s workplace laws are coming. On May 24, 2017, the Alberta government introduced Bill 17, the Fair and Family-friendly Workplaces Act (Bill 17), which proposes the biggest changes to Alberta’s...more

Off-Duty Employees Had Right to "Hang Out" on Employer's Property to Publicize Dispute

by FordHarrison on

An administrative law judge recently ruled that a Pacific Northwest fast food chain violated the National Labor Relations Act (NLRA) by maintaining a policy that prohibited off-duty employees from loitering or “hanging out”...more

What Should I Tell Employees On Leave About Their FMLA Usage? Everything!

by Jackson Lewis P.C. on

When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot. A recent decision by an Illinois federal court reinforces that lesson. In March 2015, Amanda Dusik...more

Virginia Supreme Court Refuses to Expand Bowman Doctrine for Wrongful Termination of an At-Will Employee

by FordHarrison on

In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In...more

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

by Jackson Lewis P.C. on

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his...more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

by Proskauer Rose LLP on

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

Court Requires Employer to Investigate Whether “In Loco Parentis” Status Applies for a FMLA Request

Under the FMLA, eligible employees can take leave to care for a “parent,” which can include an individual who stood in loco parentis to an employee, such as someone who took care of the employee when the employee was a minor;...more

San Jose Passes “Opportunity to Work” Ordinance

San Jose is the third northern California city to enact a scheduling ordinance that further regulates employers’ scheduling and hiring practices.  Following on San Francisco and Emeryville’s lead, San Jose recently passed...more

Puerto Rico Issues Comprehensive Labor Law Reform

by FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Employer’s Guide to Doing Business In California – Newly Updated

by Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s sixth largest economy and a market of more than 36 million people. For employers, however, California presents unique challenges because its laws...more

Puerto Rico Approves Major Reform of its Employment Laws

by Littler on

On January 26, 2017, the Governor of Puerto Rico approved the Labor Transformation and Flexibility Act (“the Act"). The Act makes substantial changes to virtually all existing Puerto Rico employment laws, including those...more

What Can We Expect From California's Upcoming 2017-2018 Legislative Session?

by Littler on

With the dust still settling from last month's unprecedented presidential election, California’s politicians have not stood still. In partisan terms, the election results in California could not be more different from that...more

ABCC Law Changes Explained

by K&L Gates LLP on

Originally published in Australian Financial Review on November 23rd, 2016. In the next two weeks the Turnbull government will attempt to negotiate the passage of its industrial relations bills through the Parliament....more

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