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 -
News & Analysis as of

Wisconsin Latest State to Provide Social Media Protections to Applicants and Employees

On April 8, 2014, Governor Scott Walker signed Wisconsin Act 208 to prohibit employers from requiring or requesting that prospective and current employees disclose usernames and passwords for their personal Internet accounts....more

"You Can't Fire Me For That – I Was Off Duty!"

Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an...more

Act Now Advisory: January 2014 New Arrival: New York City's Reasonable Accommodation Law (and Accompanying Notice Requirements)...

As we previously reported (see the Act Now Advisory titled "New York City Human Rights Law Expanded to Require Employers to Reasonably Accommodate Pregnant Employees"), on October 2, 2013, former New York City Mayor Michael...more

Attention New Jersey Employers: It’s Time to Post the New Gender Equality Notice

Effective January 6, 2014, New Jersey employers with 50 or more employees (regardless of whether those employees work inside or outside of New Jersey) must conspicuously post The New Jersey Commissioner of Labor and Workforce...more

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

New Jersey Department of Labor Publishes Gender Equity Notice

New Jersey employers with 50 or more employees will be required to post and distribute a gender equity notice (“Notice”) to employees in New Jersey beginning January 6, 2014. ...more

CIS Legal Update - September 2013: Highlights of the Recently Adopted Amendments to the Georgian Labor Code

Following months of legislative deliberation involving multiple parties, including the International Chamber of Commerce, the American Chamber of Commerce, and other similar international groups, the Parliament of Georgia...more

TUPE UPDATE: UK Government publishes its Response to the Consultation

The Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") is in the spotlight as part of the UK Government's Employment Law Review. Launched in 2011, the purpose of the review is to reform employment...more

Take 5 Newsletter: Restrictive Covenants, Federal Trade Secret Enforcement Initiative, Uniform Trade Secrets Act, Liability for...

In the area of trade secrets and non-compete law, there continue to be notable developments at the state and federal levels. Here are five recent ones. ...more

Your Greatest Risk: Retaliation Claims

Let’s start with the statistics. Last year, there were 99,412 EEOC charges filed; 37,836 of them – more than one out of every three – asserted retaliation. Put differently, more charges of retaliation were filed than any...more

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

Because a general contractor is generally in charge of the entirety of a construction project, it is often assumed, and alleged in lawsuits, that the general contractor is legally responsible for the safety of the jobsite. ...more

Recent Supreme Court Cases Raise Bar for Plaintiffs Under Title VII

Two cases decided by the U.S. Supreme Court at the end of its 2012-13 term, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University, will significantly alter the landscape of employment...more

Smurfit-Stone Container Corporation Sued by EEOC for Disability Discrimination

Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charges - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, discriminated against an...more

Bojangles’ Franchise Sued by EEOC For Religious Discrimination

Charlotte Restaurant Fired Muslim for Not Cutting His Beard, Which His Religion Forbids, Federal Agency Charges - CHARLOTTE, N.C. - Bo-Cherry, Inc., a North Carolina corporation that operates several Bojangles'...more

Ten Questions Regarding Brazilian Labor and Employment law

1. What are the primary sources of labor and employment rights in Brazil? There are four major sources of labor and employment rights in Brazil: (i) the Federal Constitution; (ii) the Brazilian Labor Act (Consolidação...more

Government gives go ahead for new employment status

On 3 December 2012, the UK Government published its response to a consultation paper on the Chancellor’s proposal for implementing a new “employee shareholder” status. Whilst acknowledging that only “a very small number of...more

Employers Should Avoid Requesting Facebook Passwords

In the information age, it may be tempting for employers to seek out personal information about prospective employees before making a hiring decision and, given the number of social media outlets, including Facebook, it is...more

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