State Employment Law Articles

Several states have limited or regulated employers’ use of debit cards for payment of wages in response to concerns raised by employees and advocacy groups. Most recently, the New York State Department of Labor has published proposed rules addressing the payment of wages by payroll debit cards. If a

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state. One of the factors that undoubtedly played a role in West Virginia faring so poorly was the state's legal climate

In a wage-and-hour class action filed by food and beverage vendors working in California entertainment arenas, the California Court of Appeal has ruled that a state Labor Code provision making it unlawful for any employer to “engage” in the willful misclassification of an individual as an independen

On June 3, the Massachusetts Supreme Judicial Court held that the Commonwealth’s independent contractor law does not apply to real estate salespersons licensed under, and affiliated with and working for, a licensed brokerage firm. The court’s ruling in Monell v. Boston Pads, LLC, SJC-11661, although

Following other states that have toughened their data breach notification laws, Connecticut is about to amend its law to require that businesses provide one year of identity-theft protection for persons affected by a data breach, among other things.

A California appellate court recently affirmed the trial court’s ruling in Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc. that the defendant (“Maxim”) was entitled to attorney’s fees under California Civil Code section 3426.4 even after the plaintiff (“Cypress”) voluntarily dis

The District of Columbia Office of Human Rights (OHR) and the District of Columbia Department of Employment Services (DOES) announced on June 1, 2015, a joint effort to investigate and enforce the Protecting Pregnant Workers Fairness Act of 2014 (“PPWFA” or “Act”). An individual may now file a PPWFA

An amendment to Cook County’s Human Rights Ordinance, with certain exceptions, broadly prohibits employers from using credit histories or reports in making employment decisions. Cook County is the most populous county in Illinois and the one in which Chicago is situated.

Wisconsin has firmly joined the majority of jurisdictions in the United States that hold that continued employment constitutes lawful consideration sufficient to enforce a restrictive covenant with a current at-will employee. The Wisconsin Supreme Court's decision in Runzheimer International, Ltd. v

Earlier this year, the City Council of Tacoma, Washington approved a Paid Leave Ordinance (“Ordinance”).1 Starting February 1, 2016, nearly all private sector employers must provide employees who work in Tacoma specified amounts of accrued, job-protected paid leave for personal illness, family care,

Connecticut has become the 21st state to enact a law limiting an employer’s ability to access the personal social media accounts of job applicants and employees. The new law (Public Act 15-6), signed by Governor Dannel P. Malloy on May 19, 2015, will become effective on October 1, 2015, and applies

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job applicants. Connecticut is the twentieth state to enact such legislation. Connecticut’

The Massachusetts Attorney General recently issued a supplemental regulation to the state's new sick leave law that aims to provide a "safe harbor" to Massachusetts employers that had qualifying paid time off ("PTO") policies (including sick, personal, vacation, and/or combined PTO policies) in plac

On May 19, 2015, the Los Angeles City Council approved a proposal for a gradual establishment of a citywide minimum wage of $15.00 per hour by July 1, 2020. Once adopted, Los Angeles will join other large U.S. cities, including Chicago, Seattle and San Francisco, to establish local minimum wage ordi

Executive Summary: A new California appellate court decision provides much needed guidance regarding the proper scope of discovery in representative actions brought under the California Private Attorneys' General Act of 2004 (PAGA), Cal. Lab. Code sections 2698, et seq. Specifically, the opinion now

On April 30, 2015, the Wisconsin Supreme Court issued its long-awaited decision in Runzheimer Int’l, Ltd. v. Friedlen, settling a dispute in Wisconsin over whether continued employment alone was sufficient to bind an employee to a non-compete agreement. The case involved an important, if nuanced, di

Arkansas has a new non-compete law. James H. Stock, a shareholder in our Memphis office, has written an article on the Jackson Lewis website about these developments.

Georgia employers now may pay employees through the use of payroll card accounts under a law signed by Governor Nathan Deal on May 5, 2015. The new law is effective immediately.

Aligning Nebraska with a small, but growing, number of states that have legislated additional protections for pregnant individuals in the workplace, Nebraska Governor Pete Ricketts has signed an amendment (L.B. 627) to the Nebraska Fair Employment Practice Act (“NFEPA”) requiring reasonable accommod

New York City legislation prohibiting employers generally from requesting or using the consumer credit histories of applicants or employees for employment purposes, or otherwise discriminating against applicants or employees with respect to hiring, compensation, or the terms, conditions, or privileg