State Employment Law Articles

The Department of Labor (DOL) has made it clear. Regardless of the reason, classification errors can be costly for employers, as the error often affects a number of employees having similar job titles and therefore lends itself to class treatment of the claim. Furthermore, if you are on the unlucky

The New York Department of Labor has adopted a regulation that reiterates an employer generally must obtain written consent to pay wages by direct deposit of wages and clarifies the legality of paying wages with payroll debit cards.

In Patterson Dental Supply, Inc. v. Vlamis (Sept. 6, 2016), the Minnesota Court of Appeals reminded that employees who reside and work outside of Minnesota may still be hailed into Minnesota courts to defend their actions.

On September 14, 2016, Morristown, New Jersey became New Jersey’s 13th municipality to require private employers to provide paid sick time to employees.1 The Morristown ordinance takes effect on October 4, 2016, leaving employers little time to modify policies and ensure compliance.

Private-sector employees who work at least 80 hours during a calendar year in Morristown, New Jersey, will be entitled to paid sick leave under Ordinance No. 35-2016, passed by the Morristown Town Council on September 13, 2016.

Much like the agricultural harvest cycles it may affect, September 12, 2016, marks the planting season for the Phase-In Overtime for Agricultural Workers Act of 2016.

The City of San Diego’s Earned Sick Leave and Minimum Wage Ordinance went into effect on July 11, 2016. Beginning October 1, 2016, employers must post two new notices in the workplace and give employees and new hires a notice containing certain employer information. Failure to comply with these requ

New York Governor Andrew M. Cuomo announced yesterday a new proposed regulatiNYDFS-Logo-300x300on to address the growing threat posed by cyber-attacks. According to the State’s press release, the proposed regulation, which is subject to a 45-day notice and public comment period before final issuance

On September 7, 2016, Saint Paul became the second city in Minnesota to mandate that employers provide earned sick and safe time for their workers. Under Saint Paul’s ordinance (the “Saint Paul Ordinance”), covered employers must allow employees who work in Saint Paul to accrue one hour of sick and

On August 22, 2016, a California Court of Appeal held that an arbitration agreement in an employee handbook did not create an enforceable agreement to arbitrate. Esparza v. Sand & Sea, Inc. et al., B268420 (Aug. 22, 2016). The employee handbook at issue stated, “[T]his handbook is not intended to be

We have been reporting on the growing patchwork of paid sick leave laws now for over 3 years. The patchwork continues to fill in heavily on the west coast with state laws in both California and Oregon and 10 city ordinances scattered across California, Oregon and Washington. This summer Los Angeles

On September 7, 2016, the New York State Department of Labor (“NYDOL”) adopted a final regulation setting the conditions by which employers in New York State can pay wages by direct deposit or by debit card. This regulation is effective March 7, 2017, and adopts most of the provisions that the NYDOL

On August 29, 2016, the California Court of Appeal for the Second Appellate District reversed summary judgment earlier awarded to the employer in Castro-Ramirez v. Dependable Highway Express, Inc. In its reversal, the court found that an employer’s denial of accommodation to a nondisabled employee m

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some bills that had been amended at the end of August.

On August 31, 2016, the City of Berkeley, California joined the long list of local jurisdictions to create a local sick leave law when it enacted the “Paid Sick Leave Ordinance.” Berkeley also amended its minimum wage law1 and codified a new law concerning hospitality service charges. The Ordinance

On August 14, 2016, President Obama declared a major disaster in the State of Louisiana due to the severe storms and flooding that took place in several State parishes ("Louisiana Storms"). Following the declaration, the Internal Revenue Service (IRS) issued guidance postponing certain tax filings a

Today, a California Court of Appeal issued its opinion in Castro-Ramirez v. Dependable Highway Express, holding that the plaintiff-employee had a colorable claim for disability discrimination against his employer – even though the plaintiff-employee was not himself disabled. Instead, the employee’s

Throughout the year, we’ve reported on various employment-related bills being considered by the California legislature. The 2016 legislative session came to a close yesterday, so we are now reporting on the final status of bills that were passed by both houses and have now been sent to the Governor

In this podcast, Littler Shareholder Bruce Sarchet unveils his personal “5-Step Self-Audit” process to help California employers and Human Resources departments avoid wage and hour class actions and related claims. Although Bruce’s process will not guarantee that your company won’t get sued, it will

Just two months after Chicago became the second city in the Midwest to require employers to provide paid sick leave,1 Illinois has enacted three laws that entitle employees to additional protected leaves. The Child Bereavement Leave Act, the Employee Sick Leave Act, and an amendment to the Victims’