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 Law Update: Wages and Water: What Do We Do?

With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all...more

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

California Employers Will Face Significant New Equal Pay Law

California employers will soon be subject to a new equal pay law that will create a much stricter standard for gender pay equity. Passed by the state legislature with broad bipartisan support and signed into law by Governor...more

D.C. Council Introduces Bill Providing 16 Weeks Of PAID Leave to D.C. Employees

Yesterday (October 6, 2015), 7 of the 13 members of the Council of the District of Columbia introduced the Universal Paid Leave Act of 2015 (the “Act”). If passed, the Act would significantly impact employers and workers in...more

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

Proposed FLSA Regulation Means Higher Salaries in California

Earlier this summer, the U.S. Department of Labor (“DOL”) issued a proposed regulation that could make it more difficult for employers to classify employees as “exempt,” i.e., exempt from being paid overtime, under federal...more

Key Employment Updates - October 2015

With summer now officially over, we set out below some important updates to be aware of as the ‘back to work’ period begins. Employers may be able to dismiss, lawfully, for derogatory comments made on social media - The...more

California Fair Pay Act: New Obligations for Employers or a Paper Tiger?

Widely lauded as the strongest equal pay legislation in the nation, California’s Fair Pay Act (Senate Bill 358) is now law. Effective January 1, 2016, the new law modifies California’s existing wage discrimination measures by...more

New York Employment Law Roundup: July, August, & September 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest events, we share regular summaries of...more

Pittsburgh’s New Sick Leave Ordinance Challenged in State Court

In August, the City of Pittsburgh, Pennsylvania passed an ordinance that will require most employers to provide workers with paid or unpaid sick time. Pittsburgh follows the lead of Philadelphia, which approved a similar...more

Payment of Accrued But Unused Vacation Pay

The Connecticut rules for payment of accrued but unused vacation pay when employment terminates are fairly simple, but a brief refresher may be helpful to employers. Connecticut General Statutes § 31-71f requires...more

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

Federal Contractor Minimum Wage Rises to $10.15

The Wage and Hour Division of the U.S. Department of Labor published in the Federal Register earlier this week its official Notice regarding an increased minimum wage for employees of federal contractors to $10.15, which is a...more

California Passes New Equal Pay Law

If you read one thing... - California legislature has passed amendments to the California Fair Pay Act, which the Governor has said he will sign into law. - The amendments expand protections against inequality...more

Bestätigung durch EuGH: Fahrtzeit ist bei Außendienstmitarbeitern Arbeitszeit

Das Bundesarbeitsgericht hatte es bereits im Jahr 2009 (BAG vom 22. April 2009, 5 AZR 292/08) sehr klar entschieden: Arbeit ist jede Tätigkeit, die als solche der Befriedigung eines fremden Bedürfnisses dient. Keine Arbeit...more

Executive Orders: The Employment Transformers for Federal Contractors

As we have detailed on several occasions over the past year, President Obama has used executive orders to implement sweeping new workplace policies for federal contractors and their employees. For example, the president has...more

Be Careful What You Say During a Union Organizing Campaign

At the same time that the current National Labor Relations Board is giving employees what seems like the unfettered ability to engage in disparagement, profane outbursts, and racist comments that accompany protected union or...more

President Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave

The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more

Two New Developments Affecting Federal Contractors

On September 7, 2015, President Obama issued an Executive Order establishing paid sick leave for federal contractors. The Executive Order currently applies only to contracts entered into on or after January 1, 2017....more

U.S. Department of Labor Publishes Final Rule Implementing Pay Transparency Executive Order

On September 10, 2015, the Department of Labor issued its final rule, implementing Executive Order 13665  (the “Order”), which prohibits federal contractors from firing or otherwise disciplining employees or job applicants...more

Time travelling to and from work can count as working time – UPDATED

Readers may recall our blog from June in which we reported that the Advocate-General of the European Union found that workers without a fixed or habitual place of work could count as working time (a) time travelling from home...more

New York Federal Court Conditionally Certifies $100 Million Pay Discrimination Collective Action Against Pharmaceutical Company

A group of female sales representatives alleging sex-based pay discrimination claims against their employer under the federal Equal Pay Act cleared an initial, but significant, hurdle last week when the Southern District of...more

Settlement of Wage Claims Under FLSA Must Now be Approved by the Court

A panel of the United States Court of Appeals for the Second Circuit has ruled that parties may not stipulate to dismiss cases brought under the Fair Labor Standards Act without court approval. This ruling may make it more...more

Is the NLRB Outlawing Confidentiality Policies?

The National Labor Relations Board (“Board”) recently issued its decision in The Boeing Company case. The Board found that Boeing’s confidentiality policy regarding internal investigations violated the National Labor...more

FMLA Eligible or Not Eligible … That is the Question

The easiest part of handling a Family and Medical Leave Act (FMLA) situation is determining at the outset whether the employee is eligible for FMLA protections, right? Not so fast. Recent cases have added the seemingly simple...more

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