Employee Rights 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 -
News & Analysis as of

To Be Disrespectful Or Not To Be - That Is The Question

We’ve spent a lot of time talking about how the NLRB continues to have problems with policies and practices that prohibit employees from engaging in vague, undefined behavior that could constitute “protected concerted...more

Governor Christie Bolsters N.J.’s Law Against Discrimination To Expressly Protect Pregnancy and Childbirth

Last week, New Jersey Governor Chris Christie signed legislation amending the state’s powerful Law Against Discrimination (LAD) to provide increased protection for employees based on pregnancy, childbirth, or related medical...more

Annual Report on EEOC Developments - Fiscal Year 2013

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview...more

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

More Protections for Pregnant Workers on the Horizon in New Jersey

The New Jersey Senate committee recently advanced S-2995, the Pregnant Women’s Fairness Act, a bill sponsored by Senator Loretta Weinberg, which would prohibit workplace discrimination against pregnant women. Specifically,...more

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

EMPLOYMENT LAW UPDATE: Tenth Circuit to employees: Onus on you to speak up about religious accommodation

On October 2nd, the U.S. Tenth Circuit Court of Appeals issued a decision that put employees on notice that the Tenth Circuit expects employees to speak up for their rights regarding religious accommodation. The...more

Employment Law -- Sep 27, 2013

California Minimum Wage Reaches New High - California employers should brace themselves to shell out higher wages with the state set to raise the minimum wage to $10 per hour by 2016. Currently, the state...more

Accommodating religious beliefs in the workplace: What are the limits?

Sikiru Adeyeye requested approximately four weeks of leave from work to participate in his father’s funeral ceremony in Nigeria. In his request, Adeyeye explained that he had to attend the “funeral rite” and that it was “very...more

Thou Shall Accommodate: Funeral Leave as a Religious Accommodation Under Title VII

Requests for reasonable accommodations are commonplace for employers of qualified individuals with disabilities under the Americans with Disabilities Act. But a recent case reminds employers that reasonable accommodation of...more

Legal Alert: New Jersey Supreme Court Eases Employee Retaliation Claims

Right after the U.S. Supreme Court issued decisions favoring employers in a variety of employee lawsuits based on federal statutes, including retaliation under Title VII, the New Jersey Supreme Court has moved that state in...more

U.S. Supreme Court Issues Two Favorable Rulings for Employers

Employers received two big wins in the U.S. Supreme Court last week. In two rulings, decided on June 24, 2013, both of which were 5-4 decisions, the U.S. Supreme Court adopted standards that will assist employers defending...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

EEOC Begins Enforcing 2012 Criminal Background Check Guidance

EEOC Sues Two Employers for Race Discrimination for Using Criminal Background Checks to Exclude Applicants Without Also Making “Individualized Assessment” of Other Factors - In April 2012, the Equal Employment...more

Bertolini Corporation Sued by EEOC for Retaliation

Chairmaker Fired Two Employees for Complaining About Perceived Racial Preferences, Federal Agency Charged - COLUMBIA, Tenn. - Bertolini Corporation, a manufacturer of stackable chairs located in Lawrenceburg, Tenn.,...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

Volunteers And Interns Not “Employees” For Purposes Of Minimum Thresholds Under Title VII And The ADA

Pastor v. Partnership for Children’s Rights, 10-cv-5167 (E.D.N.Y. Sept. 27, 2012): In this discrimination case, the Partnership for Children’s Rights sought to dismiss the complaint on the grounds that it was not an...more

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