Employee Rights Wage and Hour

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

Employment Newsletter - April 2014: Tips, Tip Pooling and Service Charges: Developments & Guidelines

Mandatory service charges and their distribution among waitstaff have plagued the Hospitality industry for years. Federal courts interpret federal laws differently, and states have enacted their own statutes that keep...more

District Court Extends Fifth Circuit’s Naquin Decision to Barge Cleaning/Repair Employee

As previously reported (regarding the Naquin decision), the Fifth Circuit recently expanded the scope of Jones Act seaman status to include a shipyard worker who spent 70% of his time working aboard vessels (usually moored to...more

President Obama's Directions to DOL Include Review of Duties Tests for Overtime Exemptions

Last week’s EmployNews reported a White House announcement that the Department of Labor has been instructed to review changing minimum salary levels for qualification for the executive, administrative and professional...more

Connecticut Becomes the First State to Increase Minimum Wage to $10.10 per Hour by 2017

On March 27, 2014, Connecticut became the first state in the country to pass legislation mandating an increase to the state minimum wage to $10.10 per hour by 2017—the same rate to which President Barack Obama is seeking to...more

(Not) April Fools Day – Changes To The Canada Labour Federal Code Effective April 1, 2014

For those federally regulated employers that are governed by the Canada Labour Federal Code (the “Federal Code”), there are some substantive changes coming of which you should take note....more

Amazon Prime Time – Should Employees Be Paid to Wait in Security Lines? Supreme Court to Decide.

The Supreme Court has agreed to hear oral argument on the issue of whether employers must compensate employees for time they spend going through mandatory security checks, which are aimed to curb employee theft....more

FLSA Revisions Won't Be Quick Or Easy

Recently on Twitter, I commented that revising the FLSA regulations won’t be quick or easy. Speaking of Twitter, if you’re not following @WageHourInsight yet, why not? I find lots of interesting tidbits every day that don’t...more

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development ("Department") recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage...more

New Jersey Bill Seeks To Increase Minimum Wage For Tipped Employees

On February 27, 2014, a bill (S1595) was introduced that appears to establish an increase in the minimum wage for tipped New Jersey employees—first to 40 percent of the standard minimum wage, and then after one year, to 69...more

The Time-and-a-Halfs They Are A ‘Changin’

Earlier this month, President Obama directed the U.S. Department of Labor to update the federal overtime pay regulations by revising the salary component of the executive, administrative, and professional exemptions. To...more

Secretary of Labor Directed to Update Federal Overtime Rules

In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...more

Update: Amendments to New York City’s Paid Sick Leave Law

On March 20, 2014, New York City Mayor Bill de Blasio signed into law the first piece of legislation in his tenure: amendments to the Earned Sick Time Act (“ESTA”) that impose additional requirements on almost all private...more

Supreme Court Accepts Certiorari In Security Screening Case

We’ve written at least twice now on class actions arising out of time spent by employees going through security lines, primarily at the end of their shifts. The question is whether and when such time might be compensable...more

Working (More Than) 9-to-5: President Obama Seeks to Expand Overtime Pay Protections Under the Fair Labor Standards Act

Last week, President Obama ordered U.S. Department of Labor Secretary Tom Perez to update the existing federal regulations on overtime, the effect of which could allow millions of workers to qualify for time and half pay for...more

Labor and Employment: President Obama Directs Department of Labor to Modernize and Streamline FLSA Overtime Regulations

On March 13, 2014, President Obama issued a memorandum directing the Secretary of Labor to update and streamline the Fair Labor Standards Act (FLSA) overtime regulations. In the memorandum, President Obama noted that the...more

Employers of Home Care Workers to Begin Paying Overtime in January 2015

The United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act (FLSA) to home health care workers who provide care for the sick, disabled or elderly, otherwise known as...more

Fenwick Employment Brief - March 2014

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

President Obama to Order Expansion of Overtime Pay

President Obama is expected to issue an order today directing the Department of Labor to expand the number of people who qualify for overtime pay under federal labor law. According to reports in the Washington Post and other...more

The Employment Law Authority - January/February 2014

In This Issue: - FAMILY TRIP HELD PROTECTED BY FMLA - Court Finds Worker Continued To Care For Her Ill Mother - WELCOME TO FABULOUS LAS VEGAS! Workplace Strategies 2014 Heading Toward A Sellout - Wage & Hour....more

Employment Law Alert - January 2014: Starting the New Year Right

With the start of a new year comes new labor laws. With 2014 upon us, now is the time for employers to dust off their policies and ensure that they are in compliance with all applicable rules and regulations, both new and...more

2014 Employment Law Update

Whether you choose to set a New Year’s resolution or not, the start of a new year is normally full of changes if you are a business owner or employer. 2014 is no different, with dozens of new employment laws going into...more

New Requirements for New Jersey Employers

Employers should take note of the newly effective Pregnant Worker’s Fairness Act as well as two updated wage and hour posters that they must post in the workplace. On January 21, New Jersey Governor Chris Christie...more

Wage-Hour News Notes

Recent headline items touch upon matters of continuing concern: ? The Employment Policies Institute has highlighted what it calls "Maximum Hypocrisy on the Minimum Wage" among 96% of the Senate and House sponsors of...more

Internship Programs: Rite of Passage, or Right to Pay? The Issue Deserves Continued Monitoring by Employers

With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May. Such programs, though, have become a source of...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

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