State Employment Law Articles

On June 6, 2017, Texas became the 47th state to enact a state-wide ban on texting while driving. The new law (HR 62) prohibits drivers from reading, writing or sending electronic messages unless the vehicle is stopped. It does not, however, prohibit dialing a number to call someone, setting a GPS de

Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent shockwaves affecting noncompetition agreements employers already had in place, e

Last week we wrote about the impact of the Wilkes v. City of Greenville decision. In this ruling, the North Carolina Supreme Court significantly expanded the “Parsons presumption,” which posits a relationship between an original work-related injury and additional treatments required.

On June 14, 2017, Delaware Governor John Carney signed a new law to address the pay gap between men and women by prohibiting prospective employers from asking job applicants about their salary history. Delaware’s law, which garnered significant bipartisan support, is based on the same rationale used

Philadelphia’s Wage History Ordinance, initially scheduled to take effect on May 23, 2017, remains on hold. The Ordinance has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. The City of Phi

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment drug test due to the employee’s use of medical marijuana. In Callaghan v. Dar

Executive Summary: New York City’s new package of “Fair Work Week” laws, which go into effect on November 27, 2017, will create new and burdensome scheduling and record-keeping requirements for retailers and fast food establishments, including an obligation to pay a “schedule change premium” to fast

The Oregon Equal Pay Act of 2017 greatly extends pay equity protections to a variety of protected classes, prohibits employers from asking for applicants’ salary history, and expands existing remedies available to employees. House Bill 2005 also offers key protections and a safe harbor for employers

Executive Summary: As the sharing economy continues to gain popularity with workers, businesses, and consumers by offering increased job flexibility and consumer choice, courts and regulatory agencies have struggled with how to fit this new “virtual” workforce into a legal framework originally estab

UPDATE: The Petitioners' Motion for Rehearing was denied. While the Petition for Certiorari was pending, a settlement agreement was reached, as a result of which the parties seek an Order of the Court dismissing this case and vacating this opinion.

Last month, Texas’s legislature amended the Texas Uniform Trade Secrets Act (TUTSA). These amendments expand and clarify TUTSA’s definitions, add a clarification to enjoining trade secrets misappropriation, and codify a balancing test to determine whether to exclude people from a courtroom when trad

When it comes to legislation, for California employers it's the final countdown. June 2 was the last day for bills to pass out of their house of origin. September 15 is the deadline for these bills to pass both legislative houses, and the governor will have until October 15 to sign or veto bills. Ge

Ilyse Schuman, Co-Chair of Littler’s Workplace Policy Institute, talks with Sacramento Shareholder Bruce Sarchet about two new bills pending in the California legislature dealing with the concept of equal pay for equal work. One would prohibit employers from asking about salary history during the jo

The New Jersey Legislature is considering a bill (S-3226; A-4870) to raise the minimum wage for employees of subcontractors at Newark Liberty International Airport, Newark Penn Station, and the Hoboken Terminal. If the bill passes, the minimum wage for these employees could be as high as $17.98 an h

Nevada employers must post a notice on the Nevada Pregnant Workers’ Fairness Act immediately. Governor Brian Sandoval signed the Act into law on June 2, 2017, and the notice provisions took effect upon signing. All other provisions of the Act will take effect on October 1, 2017.

On May 25, 2017, the Nevada Labor Commissioner posted an Advisory Opinion1 stating that the fluctuating work week method (FWW) may be used to compensate certain nonexempt employees. The Advisory Opinion stated the FWW method of compensation is permissible for a nonexempt employee who is paid a fixed

On July 1, 2017, the Cook County Earned Sick Leave Ordinance goes into effect. The Ordinance (at the time of this writing) provides certain employees in approximately 2/3 of the Cook County’s municipalities with paid sick time benefits.

The Minneapolis Sick and Safe Leave Ordinance and the Saint Paul Earned Sick and Safe Time Ordinance will go into effect on July 1, 2017, as scheduled.

Nevada first included sex as a protected category in 1967. That year, the legislature passed Assembly Bill No. 7, which included for the first time sex discrimination as an unlawful employment practice. Twenty-one years later, in 1989, Nevada passed legislation that required employers to provide pre

Philadelphia’s Wage History Ordinance lives on, for now. The Ordinance, initially scheduled to take effect on May 23, 2017, has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. On May 30, th