News & Analysis as of

Employee Rights Hiring & Firing Private Right of Action

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 -
Littler

Washington State Enacts New Legislation to Define Employee Access to Their Personnel Records and Termination Information

Littler on

As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel...more

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

Littler on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Significantly Expands Rights and Protections of Temporary Workers Through the Recently Enacted Temporary Workers’ Bill...

On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights, significantly expanding the rights and protections afforded to the 127,000 temporary workers in New Jersey. The new law, which...more

Fisher Phillips

Top 8 Takeaways from New Jersey’s Sweeping “Temporary Workers’ Bill of Rights”

Fisher Phillips on

New Jersey is leading the movement to create affirmative protections for temporary laborers. On February 6, Governor Murphy signed the “Temporary Workers’ Bill of Rights,” which strengthens protections for temporary workers....more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

Littler

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

Littler on

Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

Cozen O'Connor

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry

Cozen O'Connor on

The New York City Council has proposed additional legislation that would have a major impact on businesses falling within the broad definition of “fast food establishments” and has scheduled a hearing on the bills for...more

McNees Wallace & Nurick LLC

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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