Sunday, July 5, 2026Labor & Employment Law
Employment Law Information Networklocated at elinfonet.com since 2001Affiliate Firm
6399 articles on ELINFONET
New Jersey - Law Against Discrimination
The New Jersey Department of Labor has issued a new mandatory gender equity notification form. Employers with at least 50 employees, whether working inside or outside of New Jersey, must conspicuously post the notice, as well as distribute it to employees (P.L. 2012, c.57). The notification serves t
Ohio
An Ohio appeals court recently held that an employee did not breach his non-competition agreement by creating his own business in the same industry as his former employer, despite the fact that the former employee contacted clients of his former employer and began compiling an inventory during his r
California - Wage & Hour
As common issues predominated regarding whether the employer had a policy of denying compensation for certain pre-shift work in violation of California’s wage and hour laws, denial of class certification is not appropriate, the California Court of Appeal has ruled, reversing the lower court. Jones e
California - Wage & Hour
Employees who alleged they remained in their jobs after the employer made oral promises of a bonus upon completion of the sale of the company, which bonus was never paid, had adequately pled claims for promissory fraud (concealment), breach of contract and promissory estoppel, the California Court o
Tennessee - General
An employee “whistleblower” suing for retaliatory discharge under Tennessee law must have reported the alleged misconduct to someone other than the person engaging in the alleged misconduct, the Tennessee Court of Appeals has ruled. Haynes v. Formac Stables, Inc., No. W2013-00535-COA-R3-CV (Tenn. Ct
Tennessee - Restrictive Covenants
Non-compete agreements are enforceable against former employees, according to Tennessee law, as long as the agreements are reasonable and necessary to protect the employer’s legitimate interests, the Court of Appeals of Tennessee has ruled. James F. Dill Jr. et al. v. Continental Car Club, Inc. et a
California - General
Employers with operations in California should ensure their policies and practices are in compliance with the state’s new employment laws going into effect on January 1, 2014. The new laws will affect the day-to-day operations of many businesses.
Massachusetts - Restrictive Covenants
The use of LinkedIn to notify professional contacts of a change in employment did not constitute competition. according to a recent Massachusetts ruling. In KNF&T v. Muller, No. 13-3676-BLS1 (October 24, 2013), the Massachusetts Superior Court denied a request for a preliminary injunction where an e
Nevada - Wage & Hour
Nevada law permits employers to establish mandatory tip pools, even when the tip pooling procedure requires gratuities to be shared among employees of different ranks, so long as the employer does not keep any of the tips for itself, the Nevada Supreme Court has held. Wynn Las Vegas, LLC v. Baldonad
California - General
A grocery store’s arbitration policy was so one-sided that it “shocked the conscience” under California law and was unenforceable, the U.S. Court of Appeals for the Ninth Circuit has ruled, citing in part a provision requiring employees to split the arbitrator’s fees down the middle. Chavarria v. Ra
New York - Wage & Hour
New York’s minimum wage will increase from $7.25 per hour to $8.00 per hour on December 31, 2013. Additional increases will occur annually after that — to $8.75 on December 31, 2014, and $9.00 on December 31, 2015.
Florida - General
By adopting the “Florida Ban on Texting While Driving Law,” Florida has joined 41 other states where texting while driving is illegal. The new law prohibits, as a secondary offense, manual texting, e-mailing and instant messaging on a wireless device while driving. Drivers cannot be pulled over for
California - General
The Federal Arbitration Act (“FAA”) preempted the California Supreme Court’s rule exempting claims for “public injunctive relief” from arbitration (known as the “Broughton-Cruz” rule), the U.S. Court of Appeals for the Ninth Circuit has ruled, reversing an order denying arbitration. Ferguson v. Cori
Illinois - General
On January 1, 2014, Illinois will become the 20th state in the nation to legalize marijuana for medicinal purposes. Illinois’ governor signed the legislation, the Compassionate Use of Medical Cannabis Pilot Program Act (“Cannabis Act”), to create the four-year pilot program. The program allows patie
Arizona
Striking four restrictive covenants in an employment agreement as overbroad, the Arizona Court of Appeals affirmed the dismissal of a breach of contract claim against the president of a public relations firm who set up a business competing with her former employer. Orca Communications Unlimited, LLC
Arizona
An employer’s non-competition agreement with its employees was overbroad, unenforceable on its facts and could not be saved by the “blue pencil” rule, Judge Neil V. Wake of the U.S. District Court for the District of Arizona has ruled in an action for alleged violations of restrictive covenants and
California - Fair Employment And Housing Act
An employee who told his employer that he would need time off because he intended to donate a kidney to his sister and was fired two days before California’s new Donor Protection Act became effective could pursue a claim for associational disability discrimination under the California Fair Employmen
California - General
The Federal Arbitration Act (“FAA”) preempts California law prohibiting the waiver of an administrative hearing before the California Labor Commissioner in an employment arbitration agreement, the California Supreme Court ruled in a 5-2 decision. Sonic-Calabasas A, Inc. v. Moreno, No. S174475 (Cal.
California - General
The Court of Appeal for California’s Fourth Appellate District recently confirmed that the California Uniform Trade Secrets Act (CUTSA), a broad statute intended to be the last word in trade secret misappropriation cases, does not preclude separate but related common law claims, so long as these cla
California - General
Protection from discrimination and retaliation has been extended to employees who are victims of stalking under an amendment to the California Labor Code, Sections 230 and 230.1. The prior version of the law covered only victims of domestic violence and sexual assault. The amended law prohibits empl