Sunday, July 5, 2026Labor & Employment Law
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6399 articles on ELINFONET
Massachusetts - General
Since the Massachusetts Personnel Records statute was amended in 2010 to place an affirmative duty on employers to notify employees of certain additions to a “personnel record,” Massachusetts employers have been concerned that the amendment was too vague and broad to be workable. At the urging of ma
Ohio
The Ohio Supreme Court has ruled that while non-compete agreements may be transferred by operation of law when two companies merge, the acquiring company may only enforce the agreements against the acquired employees according to the specific terms of the original agreement. Acordia of Ohio, L.L.C.
Ohio
Ohio is poised to become the 39th state in the nation to ban texting while driving. Ohio’s ban on texting while driving passed in the legislature and is awaiting the Governor’s signature. The bill, HB 99, would ban writing, sending, or reading a text message on a handheld electronic wireless communi
California - Wage & Hour
A car wash was liable for unpaid wages and penalties owed by a separate and unrelated business that had operated a car wash at the same location before the property owner evicted it, the California Court of Appeal has held under Section 2066 of the California Labor Code, which applies exclusively to
California - Fair Employment And Housing Act
A physician-partner in a medical practice could assert a retaliation claim under the California Fair Employment and Housing Act, the California Court of Appeal has held, reversing a judgment in favor of a medical partnership. Fitzsimons v. California Emergency Physicians Med. Group, No. A131604 (Cal
Connecticut - Wage & Hour
Connecticut state law, like the federal Fair Labor Standards Act (“FLSA”), requires employers to pay non-exempt employees one-and-one-half times their regular rate of pay for any hours worked in a workweek in excess of 40. A Connecticut Superior Court has held that the fluctuating workweek method (“
New York - Employment At-Will
Reaffirming the continuing viability of New York State’s at-will employment doctrine, the New York Court of Appeals has rejected a wrongful discharge cause of action brought by a compliance officer who claimed to have been terminated for questioning the personal stock trades of the company’s preside
California - Wage & Hour
The California Supreme Court has reversed an award of attorney’s fees to an employer that successfully defended a claim for failure to provide rest periods mandated under Section 226.7 of the California Labor Code. Kirby v. Immoos Fire Protection, Inc., No. S185827 (Cal. Apr. 30, 2012). In a seminal
North Carolina - General
Legality of Criminal Background Checks in Hiring Process; Mandatory E-Verify in North Carolina; “Manifest Disregard for the Law” as Challenge to Arbitration Award; Jackson Lewis News; Educational Opportunities
D.C. - General
The first law in the nation to prohibit discrimination against job applicants who are unemployed has been enacted in the District of Columbia.
California - Wage & Hour
In welcome news for many California employers facing class actions based on the state break rules, the California Supreme Court has held that employers need not ensure that their workers take meal periods required by California law, but only that workers are provided the meal periods. The employer’s
Nebraska
Add Nebraska to the growing number of states that have granted civil immunity to employers that provide job references to prospective employers of their current or former employees. Approved by Nebraska Governor Dave Heineman on April 10, 2012, the law, LB 959, will take effect on July 18, 2012.
Nebraska
The City of Omaha has joined many other major American cities in barring discrimination based on sexual orientation and gender identity. The Omaha City Council, by a 4-3 vote, approved an ordinance extending protections to gay, lesbian, bisexual and transgendered persons. Mayor Jim Suttle signed the
Maryland
Under a bill passed by both houses of the Maryland General Assembly, employers in Maryland would be prohibited from demanding from employees and job applicants the usernames, passwords or other means to access personal accounts or service through an electronic communication device (e.g., computer an
Florida - General
A bulletin on employment, labor, benefits, and immigration law.
Wisconsin - General
A measure that provides specific guidance on the use of seclusion and physical restraint of pupils in Wisconsin’s public schools has been signed into law by Wisconsin Governor Scott Walker. Under the new law, which takes effect on September 1, 2012, the use of seclusion or physical restraint is pr
Indiana
Indiana has become the 40th state in the country to enact a statewide ban on smoking in places of employment. The ban, signed by Governor Mitch Daniels on March 19, 2012, prohibits smoking in public places, places of employment, and government vehicles. The new law will become effective on July 1, 2
California - General
A Georgia choice-of-law provision in a contract entitled, “Independent Truckman’s Agreement,†between California truck drivers and a Georgia company was unenforceable based on California public policy, the federal appeals court in San Francisco has held. Ruiz v. Affinity Logistics Corp., 667 F
California - General
Reversing dismissal of a complaint against a California school district, the California Supreme Court has held that a public school district could be held vicariously liable for the negligence of supervisory or administrative personnel who allegedly knew or should have known of a school guidance cou
Massachusetts - General
Massachusetts employers will be faced with a host of new obligations affecting their ability to obtain and use criminal background information from applicants and current employees beginning May 4, 2012. The state’s 2010 criminal offender record information ("CORI") law created a new method and da