Sunday, July 5, 2026Labor & Employment Law
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6399 articles on ELINFONET
Minnesota - Restrictive Covenants
The Minnesota Supreme Court has affirmed lower court findings dismissing a claim of tortious interference with contract by a staff augmentation company that successfully sued a former employee and his new employer for breach of a non-compete agreement. Sysdyne Corp. v. Rousslang, et al, No. A13-0898
California - Fair Employment And Housing Act
An employer cannot be held liable for failure to prevent sexual harassment under the California Fair Employment and Housing Act (“FEHA”) if there is no actionable sexual harassment, the California Court of Appeal has ruled. Dickson v. Burke Williams, Inc., No. B253154 (Cal. Ct. App. Mar. 6, 2015). L
Utah
Utah Governor Gary Herbert (R) has signed into law a bi-partisan bill protecting lesbian, gay, bisexual, and transgender (LGBT) people from discrimination. While other states and local governments are considering similar initiatives, the Utah law is the first enacted legislation that seeks to balanc
Wisconsin - General
The day after Wisconsin Governor Scott Walker (R) signed the state’s new right-to-work act, unions struck back with a complaint and a motion for a restraining order and temporary injunction. Three unions in Wisconsin, the International Association of Machinists and Aerospace Workers (“IAM”) District
Wisconsin - General
The Wisconsin State Assembly has voted to make Wisconsin the 25th right-to-work state in the country.
D.C. - General
The Protecting Pregnant Workers Fairness Act of 2014 is now official law in the District of Columbia, with a retroactive effective date of February 3, 2015. To comply with the Act, employers should post a notice of employee rights immediately and provide existing employees with written notice of the
California - Fair Employment And Housing Act
Affirming summary judgment in favor of an employer on an employee’s disability discrimination claims under the California Fair Employment and Housing Act (“FEHA”), the California Court of Appeal has ruled that the employer was not required to eliminate essential functions of a position as a reasonab
New Jersey - General
In New Jersey, The Opportunity to Compete Act, otherwise known as the “Ban the Box” bill, restricting employers from inquiring about an applicant’s criminal background during the initial stages of the application process, became effective March 1, 2015. (For more information, see our article, New Je
California - Cal/OSHA
The California Occupational Safety and Health Standards Board on February 20, 2015, adopted an amendment to the state Heat Illness Prevention regulation changing the requirements for potable water, shade, cool-down periods, high-heat procedures, emergency preparedness, acclimatization, training, and
Minnesota - Restrictive Covenants
A federal court in Minnesota has rebuffed a plea by the founders of medical device company Rochester Medical to invalidate five year non-competes they signed in connection with the sale of their business to C.R. Bard, Inc. Conway v. C.R. Bard, Inc. (D. Minn. Feb. 12, 2015). Plaintiffs argued that th
Pennsylvania - General
Philadelphia has become the seventeenth city in the United States to require that employers provide paid sick leave to their employees. The law, signed by Mayor Michael Nutter on February 12, 2015, applies to Philadelphia businesses with at least 10 employees. Employers who already provide employees
New Jersey - Law Against Discrimination
The New Jersey Supreme Court has endorsed an employer's right to assert its effective anti-harassment policies and remedial measures as an affirmative defense in opposition to New Jersey Law Against Discrimination ("LAD") claims of hostile work environment sexual harassment based on the conduct of a
California - Family Leave
An employer did not violate California’s Family Rights Act (“CFRA”) by terminating an employee who engaged in outside employment while out on CFRA medical leave, conduct prohibited by the employer’s policy, the California Supreme Court has ruled. Richey v. AutoNation Inc., No. S207536 (Cal. Jan. 29,
Arkansas
The Eighth Circuit Court of Appeals has affirmed a lower court decision granting judgment on the pleadings to defendant in non-compete dispute based on Arkansas law. The decision in NanoMech, Inc. v. Suresh rested in part on the fact that the non-compete did not include a geographic limitation and w
Washington State - General
Employers with employees in Seattle will have to pay one of the highest minimum wages in the country beginning April 1, 2015.
California - Wage & Hour
Reversing a trial court’s awarding of a $90 million judgment in a class action case for alleged rest period violations under California law, the California Court of Appeal has ruled that a security company had provided its security guards with proper rest periods, even though they were required to r
Louisiana - Restrictive Covenants
Louisiana has strict requirements for enforcement of non-compete agreements which are not “favored” in the Pelican state. In a recent case, Boudreaux v. OS Restaurant Services, LLC, a former employee in Louisiana preemptively filed a lawsuit claiming a violation of Louisiana’s unfair trade practices
D.C. - General
The District of Columbia Council has passed emergency and temporary amendments to the Wage Theft Prevention Amendment Act that, among other things, remove the requirements that employers keep time for exempt employees and that they pay exempt employees at least twice monthly. Exempt employees still
California - General
The U.S. Supreme Court has declined to review the California Supreme Court’s decision that representative claims under the California Labor Code Private Attorneys General Act (“PAGA”) cannot be waived in employment arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (Ca
New Jersey - Wage & Hour
The New Jersey Supreme Court has held “that the ‘ABC’ test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-19(i)(6), governs whether [an individual] is an employee or independent contractor for purposes of resolving a wage-payment or wage-and-hour claim.” Hargrove v. Sleepy