State Employment Law Articles

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act.1 There also has been a sharp increase in the number of state and local laws

Today, Acting Commissioner of Labor Mario Musolino adopted the Fast Food Wage Board’s July recommendations, in an Order available here. The Order takes effect within thirty days of its publication in ten New York newspapers. Employers covered – or arguably covered – by the definition of “Fast Food E

In a 3-2 decision, the Utah Supreme Court has held that there is a presumption of harm for claims made under the Utah Uniform Trade Secrets Act, Utah Code § 13-24-1, et seq., and for claims for breach of a non-disclosure agreement when a former employee takes confidential information or trade secret

The New York City Commission on Human Rights has issued legal enforcement guidance and FAQs clarifying some of the more ambiguous exemptions in the New York City “Stop Credit Discrimination in Employment Act,” as well as guidance on related recordkeeping obligations and penalties. The Act became eff

As California employers are aware, the Healthy Workplaces, Healthy Families Act of 2014 (Labor Code section 245, et seq.) went into effect this year. Under the Act, employers may choose between granting sick leave under an “up-front” method or an accrual method. Employers are permitted to offer more

A metal casting company lawfully terminated an employee for his threats of violence to other employees, despite a claim that his depression/stress made him do it, the federal appeals court covering Oregon and Washington has ruled, upholding the dismissal of the employee’s disability discrimination l

Executive Summary: On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the applicant's workers' compensation claim against a previous

Ruling on a question of law from a federal district court, the Tennessee Supreme Court has determined that a job applicant has no cause of action against a prospective employer in Tennessee if the prospective employer failed to hire the job applicant because the applicant had filed, or is likely to

An employment arbitration agreement that incorporated the American Arbitration Association’s National Rules for the Resolution of Employment Disputes vested the arbitrator with the power to decide whether the agreement authorized class-wide relief, the California Court of Appeal has ruled. Universal

If a background check includes information about a job applicant’s character, California’s background check law applies, the California Court of Appeal has held, rejecting an employer’s challenge to the California Investigative Consumer Reporting Agencies Act (Cal. Civ. Code § 1786 et seq.) (“ICRAA”

Adding to the line of other states, Illinois now joins the ranks of jurisdictions that allows for employers to establish a voluntary veteran hiring preference. The Illinois state bill becomes effective January 1, 2016.

Executive Summary: California employers are now facing another hurdle in their efforts to comply with state's paid leave law, the Healthy Workplaces, Healthy Families Act of 2014, in light of a recent opinion letter from the state agency that enforces the law.

When the Supreme Court of New Jersey held in Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010) that an employee’s unauthorized taking of an employer’s confidential documents can constitute protected activity when the documents are used in support of a discrimination claim. it left several vexing

Rhode Island legislation has created new burdens for employers. The Ocean State joins a growing number of states requiring employers to reasonably accommodate a worker’s condition related to pregnancy, childbirth, or related medical condition.

OSHA recently approved Maine as the newest State Plan responsible for protecting the safety and health of state and local government employees. Under the approved plan, the Maine Department of Labor is designated as the state agency responsible for the development and enforcement of occupational saf

The legal challenge to the SeaTac Minimum Employment Standard for Hospitality and Transportation Industry Employers (“SeaTac Ordinance”) was dealt a possibly lethal blow as the Washington Supreme Court reversed the King County Superior Court’s ruling that the Ordinance does not apply to businesses o

The California Legislature reconvened on Monday, August 17, to finish its work for the 2015 regular session, which must end by September 11.

On July 17, 2015, a California appellate court affirmed the denial of an intellectual property attorney’s anti-SLAPP motion against his former employer. Terrence Wyles, the defendant and former in-house counsel for medical products company West Hills Research and Development, Inc. (“West Hills”), so

Maine has now enacted legislation that restricts an employer’s ability to demand information regarding an employee’s or job applicant’s social media account. The passage of H.P. 640 - L.D. 921, An Act to Strengthen the Rights of a Victim of Sexual Assault or Domestic Violence to Take Necessary Leave

Considering whether Hawaii state law would require additional consideration for a non-compete imposed mid-employment, a federal judge has held that “the Hawaii Supreme Court would not require additional consideration beyond continuing at-will employment for [post-employment] restrictive covenants.”