State Employment Law Articles

On October 6, 2015, the District of Columbia Council introduced legislation that would establish a universal paid leave system for all DC residents and workers who are employed in DC but live elsewhere. The Universal Paid Leave Act of 2015 (Bill B21-0415) ("the Act") would provide covered workers wi

A wrongful discharge claim under North Carolina law may not be based on federal public policy, including policy expressed in the federal Constitution, a federal district court has ruled. Santifort v. Guy, 4:14-cv-00225-F, DE # 34 (E.D. N.C. Sept. 8, 2015).

On October 9, 2015 Governor Jerry Brown signed Assembly Bill 622 into law. AB 622 expands the definition of an unlawful employment practice to include the misuse of the E-Verify system. The new law prohibits employers from using the E-Verify system to inquire on the employment authorization status o

We previously reported on several employment-related bills passed by California's Legislature and signed by the Governor. These include AB 304 (which clarifies certain aspects of the state paid sick leave law), AB 1506 (which provides a limited right to cure certain wage statement violations), SB 32

Requiring employers to prove an employee’s higher pay is determined on factors other than gender and allowing workers to sue if they are paid less than co-workers of a different gender with different job titles doing “substantially similar” work highlight California’s expanded Fair Pay Act (SB 358),

Effective October 15, 2015, the minimum wage for employees working in St. Louis will increase to $8.25 per hour from the state minimum of $7.65 per hour pursuant to St. Louis City Ordinance 70078, which was passed on August 28, 2015.

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable deluge of new employment laws for the state’s private sector employees?

On October 10, 2015, Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new California Labor Code section 226.2 and sets forth requirements for the payme

On October 5, 2015, Governor Jerry Brown signed into law a bill confirming that employees in the health care industry can waive one of their two meal periods when working a shift of over eight hours in a workday. This law clarifies confusion caused by a recently decided appellate case, Gerard v. Ora

The Council of the District of Columbia is considering legislation that would give all D.C. residents and those employed in the District up to 16 weeks of paid family and medical leave every 24 months for certain qualifying life events, including bonding with a new child, recuperating from a militar

Legislation overhauling Georgia’s probation system also affects Georgia’s First Offender Act (“GFOA”) (O.C.G.A. § 42-8-60 et seq.), which protects certain criminal defendants from being disqualified from consideration for employment based on their criminal record.

The U.S. Court of Appeals for the Ninth Circuit recently addressed the compensability of commute time under the California Labor Code and the content required in a Private Attorneys General Act of 2004 (PAGA) letter.

Revising his September 8 decision that Georgia’s garnishment statute is unconstitutional, U.S. District Judge Marvin H. Shoob has issued an order stating that his ruling does not apply to wage garnishment cases filed against a judgment debtor’s employer. Strickland v. Alexander, No. 1:12-CV-02735-MH

On October 6, 2015 Governor Jerry Brown signed Senate Bill 358 (“SB 358”), a law that substantially eases California employees’ burden in proving gender-based pay claims. This law also increases the number of years that employers must retain employee records, and creates additional protections for e

The South Carolina Chamber of Commerce published its annual Workforce & Jobs Report as a way to help educate business leaders and professionals about "the state of the South Carolina workforce and current trends and challenges."

With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all employees who miss work because of adverse weather.

The Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) both require employers to make reasonable accommodations for qualified individuals with disabilities, provided that the accommodations do not impose an “undue hardship” on the employer.

An amendment to California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”) affords an employer the right to cure certain wage statement violations before an employee may bring a civil suit against the employer.

As California’s current legislative process heads into its final days, we have a few updates on employment-related matters relating to paid sick leave, wage statement violations, meal period waivers in the health care industry, and the Fair Pay Act.

On October 6, 2015, California's Governor Edmund G. Brown, Jr. signed into law Senate Bill (SB) 358, legislation intended to increase wage transparency and which will make it more difficult for an employer to defend against an equal pay claim. This measure, which amends Section 1197.5 of the Califor