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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 -

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

Family and Medical Leave Act, NJ Family Leave Act and NJ Family Leave Insurance: Employment Law “F” Words

These statutes and their requirements are often confused and not correctly applied. Two of these statutes are job holding/protection statutes and one is a job paying statute. JOB PROTECTION: The federal Family and...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

Former head of Blair’s policy unit appointed to review workers’ rights

by Dentons on

Theresa May has appointed Matthew Cooke, the former head of Tony Blair’s Number 10 policy unit, to conduct a review of workers’ rights and practices. The review comes in light of concerns over the “gig economy”, zero-hours...more

Saint Paul Becomes the Second City in Minnesota to Mandate Paid Sick and Safe Time

by Littler on

On September 7, 2016, Saint Paul became the second city in Minnesota to mandate that employers provide earned sick and safe time for their workers. Under Saint Paul’s ordinance (the “Saint Paul Ordinance”), covered employers...more

Keeping up with the Germans?

by Dentons on

The Women and Equalities Committee has demanded that the government publish a detailed plan to tackle the issue of pregnant women and mothers being forced out of work by employers’ outdated attitudes....more

California Supreme Court Says Retiring Employees Must Be Paid Promptly

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Under Labor Code section 202, California employers must pay all wages to an employee who “quits” within 72 hours, unless the employee has given 72 hours’ notice of the intent to quit, in which case the...more

Your Credit is No Good Here: Philadelphia Becomes Latest Jurisdiction to Make It Unlawful to Use Credit Information in Employment

by Genova Burns LLC on

On June 7, 2016, Philadelphia Mayor Jim Kenney signed into law Philadelphia Bill No. 160072, which amends Philadelphia’s “Fair Practices Ordinance: Protections Against Unlawful Discrimination,” Chapter 9-1100, et seq. of the...more

Colorado Grants Certain Private-Sector Employees the Right to Inspect Their Personnel Files

by Littler on

On June 10, 2016, Governor John W. Hickenlooper signed Colorado House Bill 16-1432, Personnel Files Employee Inspection Right (the “Bill”), into law.  The Bill, which provides certain current and former private-sector...more

Colorado Governor Signs Bill That Gives Employees Right To Review Their Personnel File

by Ballard Spahr LLP on

A bill requiring Colorado private employers to provide requesting employees with access to inspect and copy their personnel files at least annually has been signed by Governor John Hickenlooper. The bill defines "personnel...more

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

by Littler on

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

by Holland & Knight LLP on

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

The EEOC's Battlecry: Cracking Down Hard on Religious Discrimination

by Hinshaw & Culbertson LLP on

On the heels of the biggest religious discrimination case in years, and in line with the EEOC's "hottest litigation trend" (according to David Lopez, General Counsel of the EEOC), the EEOC continued its charge against...more

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

by Foley & Lardner LLP on

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

by Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more

Trick or Treat for California Employers

by Thompson Coburn LLP on

As we approach Halloween, the California Legislature and Governor Jerry Brown have been busy on the employment front. The results of this activity are a “mixed bag” for California employers....more

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