News & Analysis as of

Employee Rights Hiring & Firing Title VII

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 -
Troutman Pepper

Accommodation Requirements for Pregnant Employees Are Similar to ADA Protections

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Q: Does the federal Pregnant Workers Fairness Act (PWFA) require workplaces to change their accommodation and leave practices in a significant way?...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

U.S. Equal Employment Opportunity Commission...

Orlando Float to Pay $27,000 to Settle Pregnancy Discrimination Suit

Massage Therapy Company Fired Employee Because She Was Pregnant, Federal Agency Charged - ORLANDO, Fla. - Azul Wellness, LLC, doing business as Orlando Float, and Orlando massage therapy company, will pay $27,000 and...more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

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Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

U.S. Equal Employment Opportunity Commission...

Nix Hospital Settles EEOC Pregnancy Discrimination Suit

Hospital Refused to Accommodate and Terminated Pregnant Worker, Federal Agency Said - SAN ANTONIO, Texas - Nix Hospitals System, LLC, doing business as Nix Healthcare System, a provider of comprehensive medical services,...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Seyfarth Shaw LLP

Having Your Cake And Eating It Too: Sixth Circuit Rules That Employees Need Not Return Severance Pay Before Suing

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Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the...more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

U.S. Equal Employment Opportunity Commission...

Pruitthealth Sued by EEOC For Pregnancy Discrimination

Raleigh Nursing and Rehabilitation Center Refused to Accommodate Pregnant Nursing Assistant and Forced Resignation, Federal Agency Charges - RALEIGH, N.C. - PruittHealth-Raleigh, LLC, a Georgia corporation doing business...more

Bowditch & Dewey

Attorney General Reverses DOJ Policy On Protection Of Transgender Employees Under Title VII

Bowditch & Dewey on

On October 4, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys announcing a new Department of Justice policy that Title VII of the Civil Rights Act of 1964 does not protect employees from...more

Proskauer Rose LLP

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

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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

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

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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

Cozen O'Connor

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute

Cozen O'Connor on

Almost every day the news carries an additional story about Kim Davis, the Rowan County, Kentucky clerk who has defied the Supreme Court by refusing to issue marriage licenses to same-sex couples. The Kim Davis story may be...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2015

California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more

Miller & Martin PLLC

Is Sexual Orientation Now a Protected Class?

Miller & Martin PLLC on

In our June 26 alert regarding the U.S. Supreme Court's same-sex marriage decision in Obergefell v. Hodges, we said we would continue to keep you posted regarding new developments in this area of the law. Some of you may...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Troutman Pepper

Proposed Regulations and Guidance Issued for Executive Order on Fair Pay and Safe Workplaces

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Although the regulations are not final and may change, government contractors should take steps now to prepare for the anticipated final regulations under the Executive Order. On May 28, the Federal Acquisition...more

Baker Donelson

OSHA Issues Guidance Regarding Transgender Employees

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As transgender issues seem to dominate the headlines, another federal agency has stepped into the debate. Last week, the Occupational Health and Safety Administration (OSHA) issued guidance strongly urging employers to give...more

McNees Wallace & Nurick LLC

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

Pullman & Comley - Labor, Employment and...

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Turner Machine Company for Retaliation

Manufacturing Company Fired Engineer for Filing Religious and Disability Discrimination Charge, Federal Agency Says - NASHVILLE, Tenn. - Turner Machine Company retaliated against an employee by firing him because he...more

Foley Hoag LLP

Recent Supreme Court Cases Raise Bar for Plaintiffs Under Title VII

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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

U.S. Equal Employment Opportunity Commission...

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

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