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

The Case of the Missing $10M Oxford Comma

Vampire Weekend may not “give a f— about an Oxford comma,” but I certainly do. And so, too, does the United States Court of Appeals for the First Circuit, which opened a recent opinion, in a class action lawsuit about...more

Grammar and Overtime

This is a story about grammar (specifically, the “serial comma”) and the overtime law of the State of Maine. The U.S. First Circuit Court of Appeals recently decided whether certain fresh food delivery drivers are entitled to...more

Employee Leave: No Longer Just Family Or Medical

New Jersey employers should be aware that their employees may be entitled to more than just family and medical leave. Employees who volunteer outside of their employment may be entitled to leave for that volunteer work in...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

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

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

An FMLA Cautionary Tale For Employers.

A jury socked it to a Wisconsin employer last year in a Family and Medical Leave Act case, and the U.S. Court of Appeals for the Seventh Circuit recently affirmed. Well, I take that back. The Seventh Circuit didn’t...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

Court Limits Reach of Minneapolis Mandatory Sick and Safe Leave Law

A Minnesota state district court recently issued a temporary injunction preventing Minneapolis from enforcing its Sick and Safe Time Ordinance (the “Ordinance”), which is scheduled to go into effect July 1, 2017, against any...more

Puerto Rico Approves Major Reform of its Employment Laws

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

California Supreme Court Holds That California Law Requires Unencumbered Rest Breaks

California law requires most employers to authorize paid rest breaks for non-exempt employees of at least 10 minutes for each four hours worked or a major fraction thereof, and to provide this rest break approximately mid-way...more

Former Pa AG Investigator’s FMLA Claim Dismissed: No FMLA Protection After Leave Ends Despite Extension of Leave

The saga of former Attorney General Kathleen Kane continued in the courts on January 4, 2017 when Judge Sylvia Rambo (Middle District of Pennsylvania) dismissed an FMLA claim brought against her by a former investigator. In...more

Separate vs. Combined Leave Policies - The Pros and Cons

With more and more jurisdictions on local and state levels enacting paid sick leave laws, and likely more to come, a frequent question from affected employers is whether it is preferable to have separate vacation/personal...more

They’re Back! What Should Employers Expect from the 2017 Connecticut General Assembly Session?

On January 4, the 2017 session of the Connecticut General Assembly begins. The session is scheduled to adjourn on June 7, 2017. Numerous proposed bills affecting Connecticut employers and employees will be unleashed during...more

CA Employees Required to Carry Radios or Pagers on Rest Breaks Are Owed a Penalty

The worst aspect of California employment law is the way it combines unclear requirements with exorbitant penalties for noncompliance. So employers can’t necessarily tell what the law requires and, if they get it wrong, face...more

D.C. Council Passes Substantial New Paid Leave Legislation

The Washington, D.C., City Council passed landmark legislation this week that would provide all private sector D.C. employees with eight weeks of paid leave after the birth or adoption of a child, two weeks of paid personal...more

Paid Sick & Family Leave Passes D.C. City Council

For over a year, the D.C. City Council has considered a bill that would have provided employees in the nation’s capital paid family and sick leave. Now, after extended debate and comment from the public and business...more

What Can We Expect From California's Upcoming 2017-2018 Legislative Session?

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

Seattle Becomes Second City to Pass “Secure Scheduling” Ordinance

Seattle, known for its employee-friendly ordinances, has passed a law regulating how large retailers, full-service restaurants, fast food restaurants, and coffee shops schedule and pay their hourly, non-exempt workers. ...more

From the Archives: The Basics of Bereavement Leaves in Connecticut

As I noted last week, I’m taking a few days off from the blog. In the meantime, I’m going to be re-running a few posts from my “Basics” series way back in 2008-9 that you might have missed. I hope you find them helpful....more

Employment Law - November 2016

California Employers Have Special Obligations on Election Day - Next Tuesday our nation goes to the polls in what pundits expect will be record numbers. California employers have special obligations on Election Day to...more

Election Day is Coming Soon - Do You Know Your Employees' Voting Leave Rights? - October 2016

Realizing we ALL could use some "time off" FROM this year's presidential election, we want to provide you with a quick (party-neutral!) refresher on your employees' voting leave rights in light of the upcoming national...more

Refereeing FMLA Leave: When Making The Call To An Employee On FMLA Leave Is Out Of Bounds

Can I call an employee to answer a work-related question while he is out on FMLA leave recovering from surgery? If he wants to join a conference call, can I let him, or am I exposing the company to a claim that we...more

Seattle City Council Passes Secure Scheduling Law

In keeping with its goal of pioneering workers’ rights, Seattle’s City Council passed its controversial Secure Scheduling Ordinance on September 19, 2016, which will require certain retail and food establishments to provide...more

Illinois Child Bereavement Law Given Immediate Effect

On July 29, 2016, Illinois enacted the Child Bereavement Leave Act (Act), which took immediate effect. The Act expands leave protections for Illinois employees by providing up to 10 work days of unpaid bereavement leave upon...more

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