State Employment Law Articles

The Appellate Division of the New Jersey Superior Court issued a published decision on August 24, 2016 confirming the right of workers’ compensation insurers to recover medical expenses from the proceeds of any recovery the worker obtains from a third-party tortfeasor under Section 40 of the New Jer

In the wake of increasing federal and state scrutiny on the use of non-compete agreements for lower wage workers, Illinois has enacted the Illinois Freedom to Work Act (the “Act”).1 The Act, which applies to agreements entered into on or after January 1, 2017, prohibits non-governmental employers fr

New York has beefed up protections for certain private and public sector employees, designating assaults against them as Class D felonies, rather than just Class A misdemeanors.

The Occupational Safety and Health Administration is fighting a Gainesville, Georgia, magistrate judge’s recommendation that would restrict its new regional worker-safety program aimed at poultry processing facilities.

In an effort to address possible overuse of non-compete agreements by certain employers, Illinois Governor Bruce Rauner has signed into law the Illinois Freedom to Work Act. The Act prohibits private sector employers from entering into non-compete restrictions with “low-wage employees” and renders a

Illinois has a new non-compete statute that bans the use of non-compete agreements with “low-wage” employees.

According to Connecticut’s highest court, the public policy of the state did not require the termination of a state employee who was caught smoking marijuana during work hours. State of Connecticut v. Connecticut Employees Union Independent, (SC 19590) August 19, 2016 (official release date August 3

Last week, the California Supreme Court agreed to review Troester v. Starbucks, a case involving the issue of whether de minimis work time must be compensated under California law. In Troester, the plaintiff was a former employee of Starbucks who sued the coffee giant because he was not paid for cer

By now, California employers are probably aware of the “Ban the Box” movement sweeping the nation. Lawmakers and government agencies aim to provide applicants with a fair chance at employment by eliminating conviction history inquiries in background checks, interviews, and applications. Over 100 cit

Massachusetts has taken another step in protecting those who do not identify with the sex they were assigned at birth. Effective October 1, 2016, individuals will have the legal right to use restrooms, changing rooms, and locker rooms that correspond to their gender identity, regardless of their ass

Warehouses and delivery centers in Massachusetts can be opened on Sundays and holidays under a provision in the new economic development law amending the state’s “blue laws.” The Massachusetts blue laws, with a list of 55 exceptions, restrict certain commercial activities on Sundays and holidays. Go

In an initiative that is virtually without precedent in New York, in the past two months (June 15, June 22 and August 4) Attorney General Schneiderman announced agreements with three separate companies in three different industries under which they each agreed to stop utilizing non-compete agreement

The Seattle Mayor’s Office has proposed a Secure Scheduling Proposal that would require certain large employers operating within Seattle city limits to give their hourly workers advance notice of their schedules and to pay workers extra for being required to work on call.

Analyzing an anti-poaching agreement as a non-compete agreement, a Wisconsin Court of Appeals has confirmed that a former employee’s agreement not to solicit other employees may be void and unenforceable if it is too broad. The Manitowoc Company v. Lanning, No. 2015AP1530 (Wis. Ct. App. Aug. 17, 201

Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection requirement unnecessarily burdened employers because it was redundant of feder

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has been broadened. Now the Court has held that an employee governed by a collect

San Diego’s Earned Sick Leave and Minimum Wage Ordinance has been amended less than two months after its July 11, 2016 effective date.1 The amendments, instituted via the oddly-titled “Implementing Ordinance,” plug gaps the original law created, create an administrative enforcement system for receiv

The loss of a child is never easy. Effective July 29, 2016, Illinois employers with 50 or more employees must provide eligible employees with up to 10 days of unpaid child bereavement leave following the death of a child. The Illinois Child Bereavement Leave Act supplements the leave options availab

Ohio’s new medical marijuana law becomes effective on September 6, 2016, although it may take up to two years for implementing regulations to be written and for dispensaries and the patient registry to become operational. House Bill 523, the “Ohio Medical Marijuana Control Program,” allows people wi

According to Ballotpedia, 140 state ballot initiatives in 35 states have already been certified for the November 8, 2016 election. This number does not include the many city-wide measures that will be before voters on Election Day. These ballot questions touch on a variety of topics, including raisi