Sunday, July 5, 2026Labor & Employment Law
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6399 articles on ELINFONET
New Jersey - General
The Municipal Council of the City of Newark, New Jersey has passed a new ordinance designed to help individuals with criminal convictions find employment within the City of Newark. This ordinance, effective November 18, 2012, is different from many other cities’ ban-the-box ordinances in that it cov
Ohio
Reconsidering and reversing its own decision, the Ohio Supreme Court now has decided an acquiring company in a merger could enforce employee non-compete agreements as if it had stepped into the shoes of the acquired company despite the absence of clear contract language to that effect. The Court, on
California - General
Owner-operator truck drivers were not required to arbitrate whether they were misclassified as independent contractors in violation of the California Labor Code, where each of the parties’ arbitration agreements applied to any dispute that arose “with regard to its application or interpretation,” th
Rhode Island
The Rhode Island Department of Health now requires seasonal flu vaccines for all health care workers, including volunteers, who have direct patient contact. Health care workers may obtain a medical exemption from the requirement. Health care workers also may refuse to be vaccinated, but they must pr
Michigan
An employee who was terminated after testing positive for marijuana (which he obtained and used pursuant to Michigan’s medical marijuana law) has stated no legal claims against his employer, the U.S. Court of Appeals for the Sixth Circuit has ruled. Casias v. Wal-Mart Stores, Inc., No. 11-1227 (6th
Florida - General
A bulletin on employment, labor, benefits, and immigration law.
California - Wage & Hour
Ruling a recruiter was a commissioned salesperson because his job involved sales and his compensation was based on those sales, the California Court of Appeal, Fourth Appellate District, has rejected an employee’s claims for unpaid overtime and meal period premium pay against his employer on behalf
New Jersey - General
The New Jersey State Assembly has passed and Governor Chris Christie has signed into law a bill that will increase the requirements for employers to provide notice to employees of laws protecting them from wage and other discrimination because of gender. The new law (A2647) supplements the New Jerse
Ohio
The Ohio Supreme Court has recognized a limited exception to the state’s general rule that a discharged employee must notify his former employer within 90 days of termination of the employee’s intent to file a retaliatory discharge lawsuit under Ohio’s workers’ compensation act (R.C. 4123.90). Resol
Connecticut - General
In a much-anticipated ruling, the Connecticut Supreme Court has held that employers in Connecticut are not subject to the provisions of the Connecticut Family and Medical Leave Act unless they employ at least 75 employees within the state. Velez v. Commissioner of Labor, et al., Nos. SC 18683 & 1868
Minnesota - Human Rights Act
Explaining that whether sexual harassment occurred is a legal determination under the Minnesota Human Rights Act, the Minnesota Court of Appeals has reversed a trial court’s dismissal of three employees’ suit for hostile work environment against their employers. Rasmussen v. Two Harbors Fish Co., No
California - Fair Employment And Housing Act
California Governor Jerry Brown has signed “The Workplace Religious Freedom Act of 2012” (WRFA) into law. The new law amends the religious discrimination portions of the California Fair Employment and Housing Act (“CFEHA”) to include more stringent religious accommodation requirements for employers
California - Fair Employment And Housing Act
California Governor Jerry Brown has signed into law a bi-partisan measure that seeks to curb rampant, frivolous Americans with Disabilities Act access lawsuits in the state and expand access to businesses for those with disabilities. This is good news for California businesses. The state reportedly
California - Wage & Hour
In a long-awaited ruling, the California Supreme Court held in April 2012 that employers need not ensure that their workers take meal and rest periods required by California law, but only that workers are provided the breaks. One effect of Brinker Restaurant Corp. v. Superior Court, welcomed by many
New York - Wage & Hour
Expanding the scope of permissible deductions from wages under New York law, Governor Mario Cuomo, on September 7, 2012, has signed legislation amending New York Labor Law §193. This change was in reaction to a strict position taken by the New York State Department of Labor in recent years severely
California - Restrictive Covenants
Affirming the dismissal of an employer’s claim for breach of a non-competition agreement, the California Court of Appeal has held that the agreement was void and unenforceable under California law although the parties entered into the agreement in connection with a business sale. Fillpoint, LLC v. M
California - Employee Benefits
The California Legislature has approved a pension reform bill endorsed by Governor Jerry Brown. The bill will impact retirement systems across the State, including the California Public Employees’ Retirement System (CalPERS), pension systems operating under the County Retirement Law of 1937 (“’37 Ac
California - General
Questioning the continuing viability of a California Supreme Court’s decision in light of recent U.S. Supreme Court holdings, the California Court of Appeal has vacated an order directing the parties to engage in a class arbitration of wage-hour claims, finding the employees, in any event, failed to
California - General
After months of waiting, California Governor Jerry Brown presented a sweeping package of pension reform measures to the California Legislature. The reform measures primarily affect the pension benefits available to government employees who are hired on or after January 1, 2013.
Massachusetts - Wage & Hour
Massachusetts Governor Deval Patrick has signed into law a bill prohibiting hospitals from requiring nurses who deliver patient care to work mandatory overtime. “Mandatory overtime” is defined as “any hours worked by a nurse in a hospital setting to deliver patient care, beyond the predetermined and