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Employee Rights Wages Employer Liability Issues

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 -
Seyfarth Shaw LLP

Navigating the New World of Work: Is Contracting on the Way Out?

Seyfarth Shaw LLP on

Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to...more

Proskauer - Law and the Workplace

New York Legislates Joint Wage Liability for Construction Industry Contractors

On September 6, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill S2766, which makes contractors in the construction industry jointly and severally liable for wages owed to employees of its...more

Littler

Legislative Highlights for Oregon Employers in 2020

Littler on

Oregon’s active 2019 legislative session has prompted the need for several policy and handbook updates for employers doing business in Oregon.  This Insight provides an overview of the most notable recent employment law...more

Littler

How Might Virginia’s New Legislative Trifecta Affect Employers in the Commonwealth in 2020?

Littler on

In the November 2019 election Virginia gained a Democratic “trifecta”—both legislative chambers and the governorship are now controlled by one political party. It has been over two decades since Democratic lawmakers...more

Brownstein Hyatt Farber Schreck

Colorado PTO: To Pay or Not to Pay

Colorado employers gained clarity from the Colorado Court of Appeals on a closely watched Colorado wage and hour law issue—when it comes to payout of accrued vacation time upon termination, the written agreement or policy...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Akin Gump Strauss Hauer & Feld LLP

New Women’s Equality Act Legislation Raises Bar for New York Firms

Last week, Gov. Andrew Cuomo signed into law eight (8) bills forming the bulk of the Women’s Equality Act, originally introduced in the New York State Legislature in 2012. The legislation amends the New York Labor Law and the...more

Sherman & Howard L.L.C.

Colorado Vacation Pay Update

Sherman & Howard L.L.C. on

Earlier this month, we alerted you that the Colorado Department of Labor was considering an enforcement position with respect to “use it or lose it” vacation policies. The CDOL recently issued a FAQ document about Colorado’s...more

McDermott Will & Emery

Keine Vergütung von Raucherpausen aus betrieblicher Übung

McDermott Will & Emery on

So entschied das LAG Nürnberg mit nun veröffentlichtem Urteil vom 21. Juli 2015 (Az.: 7 Sa 131/15; Parallelsache mit Urteil vom 5. August 2015 (Az.: 2 Sa 132/15)). In dem Betrieb des klagenden Arbeitnehmers wurde durch eine...more

Allen Matkins

Update: California Enacts Urgent Clarifications to California Paid Sick Leave Law

Allen Matkins on

While employers throughout the state have struggled with the new requirements set out by the Paid Sick Leave Law that took effect July 1, 2015, new amendments to the law attempt to provide some clarification. On July 13,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employees Permitted To Openly Discuss Wages in Connecticut

On July 2, 2015, Governor Dannel P. Malloy signed into law Public Act No. 15-196, entitled An Act Concerning Pay Equity and Fairness (the Act). The Act is effective as of July 1, 2015 and limits an employer’s ability to...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Arnall Golden Gregory LLP

DOL Seeks to Increase the Number of Employees Eligible for Overtime

The U.S. Department of Labor (“DOL”) has finally revealed its anticipated proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions. See 80 F.R. 38515 (July 6, 2015). Employers should brace themselves...more

Proskauer - Law and the Workplace

Can I Pay with a Card? – Proposed Restrictions on NY Employers’ Use of Payroll Cards

Payroll cards (i.e., debit cards onto which employee wages can be loaded) provide an alternative to more traditional forms of wage payment such as paper checks or direct deposit. Payroll card programs can offer cost-saving...more

Morrison & Foerster LLP

USDOL Proposes Significant Increase in Federal Salary Test for FLSA White Collar Exemptions

On Monday, July 6, the United States Department of Labor (USDOL) published its long awaited proposed rule “updating” regulations “defining and delimiting” the exemptions from overtime for white collar employees (i.e., the...more

Hinshaw & Culbertson LLP

Department of Labor Significantly Expanding Overtime Eligibility

The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is...more

Proskauer - Law and the Workplace

New CT Law Bars “Pay Secrecy”

On July 2, 2015, Connecticut Governor Dannel P. Malloy signed into law Public Act No. 15-196, entitled An Act Concerning Pay Equity and Fairness.  The new law is intended to end pay secrecy, and specifically bars employers...more

Davis Wright Tremaine LLP

New Law Makes California Businesses Liable to Workers Supplied by Labor Contractors

Effective Jan. 1, 2015, businesses will be directly liable to workers supplied by labor contractors (including temporary and other staffing agencies) when those labor contractors fail to correctly and completely pay wages or...more

Fisher Phillips

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

Fisher Phillips on

"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more

Franczek P.C.

DOL Backs Paid Leave Push in 3 States, D.C. with $500,000 Grant

Franczek P.C. on

Recently, we detailed the efforts to push for paid sick leave by state and local governments in light of California’s passage of a statewide paid leave law. Soon after our post, the U.S. Department of Labor’s Women’s Bureau...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Internships out of Fashion? Wage Lawsuits on the Rise in New York

Internships and training programs have been a staple of the fashion industry (among many other industries) for years. Luxury retailers have traditionally offered internships in the areas of communications, marketing,...more

Orrick - Employment Law and Litigation

New Law Puts California Businesses On The Hook For Wage And Workers’ Compensation Claims By Temporary Workers Employed By Staffing...

A new law exposes California businesses to potential liability for claims by temporary workers. On September 28, 2014, Governor Brown signed into law AB 1897, which created California Labor Code § 2810.3. The new law requires...more

Fisher Phillips

It's Payback Time: Reimbursement Of Employee Expenses Is A Hot Issue In California

Fisher Phillips on

As class actions continue to plague employers in California, one area that is often overlooked is expense reimbursement. The California Labor Code makes clear that employers must indemnify employees for all necessary...more

Dorsey & Whitney LLP

Quirky Question #242 – Policing Break and Time Records Pays Off

Dorsey & Whitney LLP on

Quirky Question - We are a California employer. After all the publicity surrounding class actions over meal and break periods, we instituted automatic warnings if employees take too long or too short a meal or rest...more

Carlton Fields

Tenth Circuit Reverses Trial Court Denial Of Motion To Compel Arbitration Of Wage Dispute

Carlton Fields on

The Tenth Circuit Court of Appeals reversed a trial court order denying an employer’s motion to compel arbitration of a wage dispute under the arbitration clause contained in the plaintiffs’ Confidentiality/Non-Compete...more

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