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Employee Rights 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 -

New Sheriff(s) In Town: The NLRB Issues New Test For Workplace Rules - Boeing Co. Signals The End Of Lutheran Heritage And Its...

by Fisher Phillips on

The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant...more

What Requirements Washington Employers Need to Know About State Paid Sick Leave Law That Becomes Effective January 1, 2018

by Garvey Schubert Barer on

A new statewide leave law that has taken many employers by surprise - In November 2016, Washington voters passed Initiative 1433, best known for increasing Washington’s minimum wage to one of the highest in the nation....more

November 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

San Francisco Regulators Provide Anticipated Guidance For Lactation Ordinance

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In June 2017, the San Francisco Board of Supervisors passed an ordinance requiring employers to provide a private “lactation location” where new mothers can pump their milk as well as a “lactation break”...more

A Solution in Search of a Problem: The California Legislature Imposes Duties for Employers When ICE Audits Your I-9s

California Assembly Bill (AB 450) is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government. The Bill was signed by Governor Jerry...more

The Use of Staffing Agencies Is About To Get More Expensive (and Risky) in Illinois

by Foley & Lardner LLP on

As we have reported in the past, utilizing temporary staffing agencies to fill gaps in labor needs can be an efficient and economically beneficial way for companies to meet business demands. This is particularly true in...more

Employees’ Right To Representation During Employer Interviews

by Pepper Hamilton LLP on

Q.  I am the HR Manager for a non-union workplace and we are investigating an issue involving employee misconduct. One of the employees whom I want to interview has requested that a coworker attend the interview as his...more

Judges and Legislators in Chicago and California Seek to Expand Protections for Hotel Workers

In the wake of a deluge of sexual harassment accusations being leveled against high profile figures, and the ensuing #MeToo social media movement, some legislators and judges have been eager to expand protections for certain...more

New York Mayor Expands Paid Sick Leave Law: Employers Required to Provide Paid ‘Safe Leave’ for Abuse Victims

Earlier this month, New York City Mayor Bill de Blasio signed the “Earned Safe and Sick Time Act” into law. The new law, which will take effect on May 5, 2018, expands the purposes for which employees may use sick leave,...more

New Mandatory Transgender Rights Poster Available

by Fisher Phillips on

Under legislation recently signed by Governor Jerry Brown, beginning January 1, 2018, all California employers are required to display a workplace poster related to transgender rights. The legislation, Senate Bill 396,...more

Ahead of Schedule? What Oregon’s Fair Work Week Bill Means to the Retail, Hospitality, and Food Service Industries

In case you didn’t know, Oregon enacted the “Fair Work Week” law, making it the first state to legally restrict the scheduling practices of employers in the service sector. The highlights include... ...more

Rules Proposed For NYC’s Fair Workweek Law

by Fisher Phillips on

New York City’s Department of Consumer Affairs (DCA), the agency tasked with enforcing the city’s new “Fair Workweek Law,” recently issued proposed rules to implement the legislation and provide guidance to covered employers...more

Medical Marijuana Closer to Entering the Pennsylvania Workforce

by Barley Snyder on

The Pennsylvania Department of Health officially launched its medical marijuana patient and caregiver registry last week, allowing patients with specific medical conditions to sign up for a state-issued certification card....more

Putting a Finger on a Problem? Employees Challenge Biometric Scanners as Violating Privacy

Employers, if you have ever wondered how much security is too much, there may be an answer coming sooner than you think. In a recently filed complaint, Martin Ragsdale, an employee of the Paramount of Oak Park Rehabilitation...more

An “Employee’s” Right to Inspect His or Her Personnel File in Pennsylvania

by Fisher Phillips on

Employers commonly find themselves answering the following question: What right does a former employee have to access his or her personnel file? Often, after an employer terminates an employee, that employee and/or the...more

Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

by FordHarrison on

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal...more

I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation

by Cozen O'Connor on

Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, discusses how to engage your employees in today’s unique workplace and navigate a multi-jurisdictional set of employment laws. This episode...more

California Governor Signs “New Parent Leave Act”

by Weintraub Tobin on

On October 12, 2017, California Governor Jerry Brown signed Senate Bill 63 (“the New Parent Leave Act”). Under the new law, employers may not refuse to allow certain employees to take up to 12 weeks of parental leave to bond...more

Does the PDA Protect Nursing Mothers From Workplace Bias? 11th Circuit Says Yes

Does Title VII of the Civil Rights Act of 1964’s Pregnancy Discrimination Act (PDA) protect nursing mothers against post-pregnancy workplace discrimination? One federal court—the Eleventh Circuit Courts of Appeals—recently...more

New California Law Requires Small Employers to Provide Unpaid Baby-Bonding Leave

On October 12, 2017, California Governor Jerry Brown signed into law the New Parent Leave Act, a law that will require employers with 20-49 employees to provide up to 12 weeks of unpaid, job-protected parental leave to...more

California Will Require Small Businesses to Provide 12 Weeks of Unpaid, Protected Leave for Baby Bonding Purposes

by Littler on

On October 12, 2017, California Governor Jerry Brown signed the New Parent Leave Act (SB 63) ("the Act") into law, requiring employers with at least 20 employees to provide employees with 12 weeks of unpaid, job-protected...more

Massachusetts Will Require Accommodations For Pregnant Employees

by Fox Rothschild LLP on

As of April 1, 2018, employers in Massachusetts will be required to provide accommodations to pregnant employees. In July, the Governor signed into law the Pregnant Workers Fairness Act that amends the Massachusetts’...more

October 1, 2017: Connecticut Employers Subject to New Law Protecting Pregnant Employees

by Robinson & Cole LLP on

Connecticut has joined a growing trend of states and municipalities expanding the protections afforded to pregnant employees and applicants. Connecticut’s new law, effective October 1, 2017, entitled An Act Concerning...more

The Current State of Meal and Rest Break Law in Washington State

by Littler on

This article summarizes certain aspects of the current Washington State law of meal and rest breaks, taking into account the latest appellate ruling on the topic, Brady v. AutoZone Stores, Inc., 188 Wn.2d 576, 397 P.3d 120...more

I-15 – Turning the Table: An Interview with the Podcast Host on Protected Employee Activity

by Cozen O'Connor on

This episode replays an interview of the podcast host, Mike Schmidt, that was originally aired on SiriusXM Channel 111, The Business Channel. Mike discusses the nature of adverse actions taken by employers due to employee...more

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