State Employment Law Articles

Executive Summary: The California Supreme Court's recent decision in Kilby v. CVS Pharmacy/Henderson v. JPMorgan Chase has clarified the state's standards concerning when employers must provide suitable seating to their employees. While the holding will permit employees to sit on the job under certa

On April 5, 2016, San Francisco, California's Board of Supervisors approved a measure mandating that San Francisco employers provide six weeks of fully paid leave during a calendar year for new parents, including mothers, fathers, and same-sex couples, who either bear or adopt a child. It is another

A company whose employee embezzles money has limited options for recovering its losses. Often, a company must rely on law enforcement to seize the employee’s assets before the employee can dissipate all available funds. A new law in Florida, however, will make law enforcement’s seizure of assets muc

By 2018, employers in New York will be required to provide their employees with paid family leave. The federal Family Medical Leave Act requires employers with more than 50 employees to provide up to 12 weeks of unpaid leave for certain qualifying conditions such as the birth or adoption of a child

Today, San Francisco became the first city in the nation to pass an ordinance requiring employers to provide paid parental leave to employees. To be clear, the ordinance does not require employers to provide 100% of the employee’s pay, but rather requires employers to bridge the gap between the empl

Could this be a game-changer when it comes to paid family and sick leave?

Today, the California Supreme Court provided guidance that had been requested by the Ninth Circuit regarding California’s suitable seating requirements in two different cases -- Kilby v. CVS Pharmacy and Henderson v. JPMorgan Chase Bank (both pending before the Ninth Circuit). The Ninth Circuit cert

When it wants to, the California Legislature can act with impressive speed. It did so last week on a minimum wage increase bill (SB 3)1 when, in less than 96 hours, it amended the legislation and sped it through two committee hearings and two final floor considerations. On Monday, April 4, 2016, Cal

Businesses seeking injunctive relief to enforce non-competition agreements in Florida might be required to show the confidential information they seek to protect is neither unnecessary nor outdated, according to a recent ruling in Transunion Risk and Alternative Data Solutions, Inc. v. Challa, 2016

A federal appeals court in Minnesota has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state. Olson v. Push, Inc., No. 14-3160 (8th Cir. Feb. 22, 2016).

A growing number of states are tightening conditions on restrictive covenants. The start of 2016 saw Oregon and Alabama enact higher barriers to the enforcement of non-compete agreements in those states.1 As of March 22, 2016, Utah has now joined their ranks with its “Post-Employment Restrictions Ac

Early this week we reported on a "deal" reached between labor unions, certain democratic lawmakers, and the California Governor to increase California's minimum wage to $15 per hour by 2022. Yesterday, California's Assembly and Senate both voted to approve the bill, largely along partisan lines. All

Consistent with recent pro-employee and tenant legislation and the stated broad remedial purpose of the New York City Human Rights Law (“NYCHRL”), Mayor Bill de Blasio has signed into law five amendments to the New York City Administrative Code to strengthen civil rights protections; remove language

The North Carolina “Single-Sex Multiple Occupancy” Act (also known as “HB-2”) prevents cities and counties from passing their own anti-discrimination rules. It is attracting nationwide attention due to its adverse treatment of transgender persons in public accommodations, and it is being challenged

Today, the California Supreme Court issued its opinion in Baltazar v. Forever 21, Inc., rejecting an employee’s argument that her arbitration agreement with her employer was unconscionable and unenforceable simply because it permitted the parties to seek a temporary restraining order or preliminary

Last week, we reported on two labor-backed measures to increase California’s minimum wage that may be on the November ballot in California. Now, it appears that California’s lawmakers have struck a deal with labor groups to raise the minimum wage without sending the minimum wage hike proposals to th

Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but also has broader implications for all state discrimination claims.

An amendment to the Tennessee’s data breach notification statute has eliminated a provision requiring notice only in the event of a breach of unencrypted personal information. Accordingly, it appears that Tennessee is the first state in the country to require breach notification regardless of whethe

Seattle, Washington has amended the quartet of laws addressing labor standards (Seattle Sick Time and Safe Time Ordinance, Seattle Fair Chance Employment Ordinance, Seattle Minimum Wage Ordinance, and Seattle Wage Theft Ordinance). These changes affect, among other things, notice and posting require

On March 22, 2016, Michigan joined Wisconsin, Texas, Louisiana, and Tennessee by amending its Franchise Investment Law to make it clear that unless otherwise specifically provided for in the franchise agreement, a franchisee is considered the sole employer of workers to whom it pays wages or provide