State Employment Law Articles

On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a conditional offer of employment. Passage of the Ordinance follows closely on the hee

Veterans are continuing to receive support in their quest for employment with Wyoming being the latest state to join the ranks of those permitting a preference to be granted based on veteran status, including spouses of disabled or deceased veterans. The law will go into effect July 1, 2016.

On March 24, 2016, Tennessee’s breach notification statute was amended when Governor Bill Hallam signed into law S.B. 2005.

On March 11, 2016, the Puerto Rico Department of the Treasury (“PR Treasury”) issued Administrative Determination No. 16-05 (“AD 16-05”), eliminating the requirement to file PR Treasury Form 480.70(OE) for retirement plans whose tax year begins after December 31, 2014. AD 16-05 specifically provides

On March 9, 2016, Vermont Governor Peter Shumlin signed House Bill 187 into law, making Vermont the third state in New England and the fifth state in the United States – after California, Connecticut, Massachusetts, and Oregon – to enact a state-wide paid sick leave law. Beginning on January 1, 2017

An initiative backed by labor union SEIU-United Healthcare Workers West to raise California’s minimum wage is slated to be on the November ballot, after backers gathered more than 400,000 signatures supporting the measure. The measure, dubbed The Fair Wage Act of 2016, proposes increasing California

The U.S. Supreme Court denied a motion filed by the states of Nebraska and Oklahoma for leave to file a complaint against the state of Colorado, challenging that State’s legalization of marijuana. The Supreme Court denied the motion without opinion or explanation on March 21, 2016.

New York City continues to refine existing obligations imposed on New York City employers and propose new ones.

Curious what the California Legislature is up to this legislative session? As is the case every year, there are several employment-related bills that have been proposed and are pending. As is also the case virtually every year, most of the proposed bills are bad for employers.

The Tennessee Senate has approved passage of a bill that will permit public college and university employees and students holding handgun carry permits to transport or store a firearm or ammunition in their own vehicles on campus without facing any adverse or disciplinary action. The House has passe

A new Wisconsin law has repealed the state’s prohibition (which has existed for more than 50 years) on manufacturing, selling, transporting, purchasing, or possessing a switchblade and which subjected violators to $10,000 in fines and nine months in jail.

The saga of “What consideration is adequate?” in Illinois continues. What has become clear is that federal courts are more forgiving than Illinois state courts on this issue.

The Montana Supreme Court has upheld against a state constitutional challenge the State’s 2011 Montana Marijuana Act, a new statutory framework embodying the State’s effort to limit abuses resulting from the 2004 Medical Marijuana Act, which was established by voter initiation. Montana Cannabis Indu

Agricultural workers have long been exempted from California’s traditional overtime laws. Instead farm workers have been subject to industry-specific overtime rules that allow companies to employ them for longer periods of time before overtime rates kick in. Under current law, farmworkers in Califor

On March 14, 2016, Philadelphia’s so-called “ban the box” law, the Philadelphia Fair Criminal Records Screening Ordinance, became effective.1 With it came the release of a mandatory new poster restating the major elements of what is now called “Philadelphia’s Fair Chance Hiring Law.” The Ordinance r

In January, Governor Edmund G. Brown submitted his 2016-17 budget to the California Legislature. The governor’s budget includes a proposal that, if approved, would have a resounding impact on civil actions filed by California employees under the Private Attorney General Act (PAGA). Since the PAGA wa

The Wisconsin Supreme Court recently helped clarify the circumstances under which pre- and post-shift donning and doffing constitutes compensable work under Wisconsin’s minimum wage and overtime laws.1 The decision, which involved production workers at a plant owned by Hormel Foods Corporation (“Hor

While the federal minimum wage remains stagnant ($7.25 per hour since July 24, 2009), different states have sought to lead with their own minimum wage rulemaking.

California's Fair Employment and Housing Council ("FEHC") has adopted new regulations under the Fair Employment and Housing Act ("FEHA") that take effect April 1. For the most part, the new regulations reflect recent changes in the law (e.g. making clear that FEHA protects interns and volunteers and

The New York City Council recently passed two amendments to the New York City Human Rights Law that substantially limit New York City employers' ability to run criminal and credit checks on employees and applicants. At the same time, banks and financial services companies are in many cases obligated