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

AB 1522 Requires California Employers to Update Paid Sick Leave Policies

On September 10, 2014, Governor Brown signed AB 1522 into law (the “Healthy Workplaces, Healthy Families Act of 2014”). The new law requires many California employers to provide paid sick leave benefits to their employees....more

California to Mandate Paid Sick Leave

On September 10, California Governor Jerry Brown signed bill A.B. 1522—officially known as the Healthy Workplaces, Healthy Families Act of 2014—requiring California employers to provide employees with at least three paid sick...more

Governor Signs Paid Sick Leave Law Bill Applicable to Public & Private Employers

New Law Goes Into Effect July 1, 2015 - Yesterday, Gov. Jerry Brown signed the “Healthy Workplaces, Healthy Families Act of 2014” (AB 1522 - Gonzalez). As of July 1, 2015, the new law requires both public and private...more

Is the Los Angeles Minimum Wage Increasing to $13.25 per Hour?

On Monday, September 1 in a Labor Day speech, Los Angeles Mayor Eric Garcetti announced his proposal to increase the city’s minimum wage to $13.25 per hour by 2017, and to tie the minimum wage to the Consumer Price Index...more

To Your Health: California Enacts Broad Sick Leave Law

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), making California only the second state to require paid sick leave. In a press release, the Governor’s...more

Federal Court Finds No Willful Violation for Misclassification of Mortgage Loan Officers

A federal court in Oklahoma delivered another blow to claims by mortgage loan officers that they are entitled to overtime under the Fair Labor Standards Act (FLSA). In Chapman v. BOK Financial Corporation, the court...more

California Legislature Passes Controversial Sick Pay Law

Under the Act, employees must accrue one hour of paid sick leave for every thirty hours worked, up to a total of 24 hours per year. New employees may begin using accrued sick days after 90 days of employment. The Act further...more

Employers Beware: McDonald’s Memorandum Suggests That the NLRB Intends to Loosen the Standard for When Legally Separate Entities...

In late July, the General Counsel of the National Labor Relations Board (the “NLRB” or “Board”) issued a memorandum in a group of cases against operators of several McDonald’s franchises. The memorandum is significant...more

Polsinelli Podcasts - Can Your Employee Wear That to Work? EEOC Updated Guidelines [Video]

You're an employer with a successful business that caters to the public. One day an employee walks in with attire that is making the rest of your employees uncomfortable. The Equal Employment Opportunity Commission has...more

Paid Sick Leave Now Mandatory in California: What Employers Need to Know Now!

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. The Act applies to public and most private employers and mandates paid sick leave to workers...more

California Enacts Mandatory Paid Sick Leave Law

On September 10, 2014, California Governor Jerry Brown signed into law Assembly Bill 1522, known as the Healthy Workplaces, Healthy Families Act of 2014. With a few exceptions, the new law requires all employers to provide...more

California's Paid Sick Leave Law Imposes New Obligations

Yesterday, Sept. 10, California Gov. Jerry Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014.” Effective July 1, 2015, the Act imposes requirements upon employers in California very similar to those...more

Did You Know…Bill Mandating Paid Sick Leave Signed By Governor

Governor Edmund G. Brown Jr. just signed the Healthy Workplaces, Healthy Families Act of 2014, which takes effect on July 1, 2015. The new law requires nearly every employer in California to provide any employee who has...more

Employee’s lack of knowledge of OHSA was factor in denying him promotion; employee’s grievance dismissed

An employee’s lack of knowledge of safety laws was a proper consideration in his employer’s decision to deny him a promotion, a labour arbitration board has decided. The employee, a unionized mechanic with the City of...more

NLRB Forces Restaurant to Allow Posters Insinuating Germ-Infested Food - Section 7 of the National Labor Relations Act Guarantees...

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when its disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

Requiring Employees to Work on Maternity Leave Could Interfere with FMLA Rights

If an employee claims her employer interfered with her rights under the Family and Medical Leave Act (FMLA), but she didn’t lose any salary or benefits, can she win her case? In Evans v. Books-A-Million, the Eleventh Circuit...more

Update on Same-Sex Employee Benefits

In recent months employers around the country, have been scrambling to keep up with developments with respect to the evolving rights of employees in same-sex relationships. This articles touches on some recent guidance in...more

How to Structure an Employee Severance Package Regarding COBRA and the ACA

Often, when parting ways with an employee, an employer may offer to pay for some months of COBRA continuation coverage so that the employee can remain covered without having to pay the substantial premiums associated with...more

Claims of Branding, Acquisition and Control Satisfy Single-Employer Test

The Worker Adjustment and Retraining Notification Act (WARN Act) was enacted in 1988 to allow workers to adjust to the prospective loss of employment from a plant closing or mass layoff. It requires employers to give affected...more

New California Law Entitles Employees To Paid Sick Leave

On September 10, 2014, Gov. Jerry Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014.” This law will require California employers to grant employees, including some part-time and temporary employees,...more

Governor Brown Signs California’s Mandatory Paid Sick Leave Law

On Wednesday, September 10, 2014, Governor Jerry Brown signed a bill that provides workers with three paid sick days per year. Governor Brown enthusiastically endorsed the law’s passage in August when the California...more

Fair Warning: 10 Common Mistakes to Avoid under the Fair Labor Standards Act

Most healthcare employers have probably heard of the Fair Labor Standards Act ("FLSA") and most probably think it is pretty simple. Doesn't that law just deal with prohibiting child labor and paying overtime wages to hourly...more

The Epidemic Continues: California Enacts Statewide Paid Sick Leave Law

On September 10, 2014, California Governor Edmund G. Brown, Jr. signed into law the Healthy Workplaces, Healthy Families Act of 2014 ("California paid sick leave act") with an effective date of January 1, 2015. With the...more

Newark’s Paid Sick Leave Ordinance

The Ordinance provides every working private sector employee in Newark, whether full-time, part-time or temporary, who works at least 80 hours in a calendar year, with one hour of paid sick leave for every 30 hours worked....more

Oklahoma, Louisiana and Rhode Island Continue Trend Enacting New Password-Protection Laws

In 2012, Maryland became the first state to prohibit employers from requiring employees or job applicants to provide passwords to their personal social media accounts. Since then, the trend for states to limit employers'...more

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