Employee Rights

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

Philadelphia Pregnancy Accommodation Law: Notice Requirement Begins on April 20, 2014

On January 20, 2014, Philadelphia Mayor Michael Nutter signed into effect an amendment to the city’s Fair Practices Ordinance: Protections Against Unlawful Discrimination that expressly includes pregnancy, childbirth, or a...more

EEOC Issues New Guidance on Religious Dress and Grooming in the Workplace

The Equal Employment Opportunity Commission (“EEOC”) has recently issued an informal guidance on the issue of religious dress and grooming. The guidance comes in wake of several suits accusing employers of religious...more

Annapolis Internal Medicine to Pay $22,500 to Settle EEOC Pregnancy Discrimination and Retaliation Suit

Medical Practice Fired Receptionist Who Complained About Pregnancy Discrimination, Federal Agency Charged - BALTIMORE - Annapolis Internal Medicine, a large Annapolis-based internal medicine practice, will pay $22,500...more

Three Reasons Millennials Need Interactive Compliance Training Courses

Ah, millennials. The “it” generation. Even compliance can’t stop talking about this generation. We’ve written a lot about how ethics and compliance professionals should learn how they think, learn and act because, as this...more

Sick Employees in New York City? There’s an Expanded Sick Leave Ordinance for That

Late last month, New York City Mayor Bill de Blasio signed amendments expanding the scope of the City’s Earned Sick Time Act. Starting April 1, 2014, all covered employees must begin accruing earned sick time. The amendments...more

Executive Orders and New Employment Requirements for Federal Contractors

As promised in his 2014 State of the Union Address, President Obama has turned to executive action to advance his agenda, which includes increasing the minimum wage and creating improved tools to ensure equal pay for women...more

Florida Civil Rights Act Prohibits Pregnancy Discrimination

The Florida Civil Rights Act prohibits pregnancy discrimination in employment, according to an April 17th decision by the Florida Supreme Court, Delva v. The Continental Group, Inc., Case No. SC12-2315 (Fla. April 17,...more

Fifth Circuit Agrees With NLRB That Employer Cannot Prohibit Wage Discussions

The National Labor Relations Board has long held that employers cannot prohibit employees from sharing salary information among themselves. Last month, the Fifth Circuit Court of Appeals upheld an expanded NLRB ban on...more

Deadline for Philadelphia Employers to Post New Notice of Rights for Pregnant Employees is Approaching

This Sunday, April 20, marks the deadline by which Philadelphia employers must provide their employees with written notice of a recent amendment to Philadelphia’s Fair Practices Ordinance. The amendment provides additional...more

California’s Minimum Wage Increases Will Impact the Pay of Your Exempt Employees and Commissioned Inside Sales Employees

Most California employers are well aware that California’s minimum wage for non-exempt employees will increase from $8 per hour to $9 per hour on July 1, 2014, and to $10 per hour on January 1, 2016. ...more

New York Votes to Protect Unpaid Interns from Discrimination

On March 26, 2014, the New York City Counsel voted unanimously to amend the New York City Human Rights Law (the “NYCHRL”) to allow unpaid interns to sue for harassment and discrimination. The bill was likely drafted in...more

Illinois Senate To Consider A Bill Providing New Protections For Pregnant Employees

Last week, the Illinois House of Representatives approved a bill to strengthen protections for pregnant employees in the workplace. HB 8, introduced by Rep. Mary Flowers (D-Chicago) and supported by Governor Pat Quinn, would...more

This Week’s Starting Lineup Brought to You by the NLRB

After a disappointing Saturday loss, a college quarterback returns to practice Monday to find his coach ready and willing to revisit the weekend and remind the quarterback that his starting position and scholarship are on the...more

New York City Earned Sick Time Act Expanded Before Taking Effect

The Act was recently amended to cover more New York City employers and to impose even greater compliance obligations than the original law passed in 2013....more

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

French Approach to After Hours Work Unlikely to Catch On

A new labor agreement reached in France requires employers in certain technology and consultancy sectors to take steps to ensure employees are not plugging into work on their free time. France has had a 35-hour workweek for...more

Direct Optical to Pay $53,000 to Settle Disability Discrimination Suit

Farmington Hills Optical Store Fired Employee Because of Request for Service Dog, Federal Agency Charged - DETROIT - Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other...more

Wisconsin Latest State to Provide Social Media Protections to Applicants and Employees

On April 8, 2014, Governor Scott Walker signed Wisconsin Act 208 to prohibit employers from requiring or requesting that prospective and current employees disclose usernames and passwords for their personal Internet accounts....more

Wisconsin Adopts Password Protection Law

Wisconsin has become the thirteenth state to enact a law limiting the circumstances under which employers may request or require access to the personal internet accounts of applicants and employees. The 2013 Wisconsin Act...more

The NLRB Weighs in Again on Civility - Civility Loses

A lot of people are available to tell you how to best utilize social media, Twitter, Facebook, LinkedIn and other platforms to promote your brand, to promote yourself or even just the best way to share pictures of your cats. ...more

Over Hill, Over Dale, the NLRB Pens Another Cautionary Tale: Board Strikes Down Work Rules Prohibiting Negativity and Gossip

The NLRB is back at it, finding last week in Hills and Dales General Hospital, that seemingly innocuous policies prohibiting negativity and gossip in the workplace and requiring employees to represent their employer in a...more

Eleventh Circuit Rejects Employee's Request for FMLA Leave for Possible Health Conditions

The Family and Medical Leave Act provides eligible employees with up to 12 weeks of job-protected leave to deal with, among other things, a serious health condition. What happens, however, when the FMLA leave request is based...more

Brave New World or California Dreaming? Governor Patrick Proposes Legislation Banning Non-Compete Agreements

At an economic development summit earlier today in Newton, Massachusetts, Governor Patrick stated that he will propose an economic growth bill that includes a prohibition on non-competition agreements that discourage workers...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

Paternity Leave Up To Bat: What Employers Should Know To Avoid Striking Out

Paternity leave is back in the spotlight after New York Mets second baseman, Daniel Murphy, decided to take his contractually guaranteed three days of paternity leave for the birth of his son—a decision which resulted in his...more

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