State Employment Law Articles

State Employment Law Articles

Articles Discussing Labor And Employment Law In All Fifty US States And Puerto Rico.

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California - General

Employment-Related Bills Pending Before The California Legislature

CDF Labor Law LLP·

There are a number of employment-related bills pending before the California legislature this session. While it is too early to tell which of these bills ultimately will be passed and signed into law, California employers may wish to follow the progress of some of these bills and/or to submit commen

New York - General

New York City Limits Employers’ Use of Credit Information of Applicants, Employees

Jackson Lewis P.C.·

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

California - Restrictive Covenants

Cases are easier to start than they are to finish: California Court awards $180,000 in sanctions for meritless trade secret misappropriation lawsuit brought in bad faith

Jackson Lewis P.C.·

The California Court of Appeal has upheld an award of monetary sanctions against a company that brought a lawsuit against its competitor that the court found was meritless and intended to stifle competition. Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc., H038555 (Apr. 28, 2015). Cyp

New York - Human Rights Law

New York City Employers Beware: Job Applicants Could Be Discrimination "Testers"

Goldberg Segalla·

New York City Mayor Bill De Blasio recently signed legislation establishing a year-long employment discrimination testing program in New York City to begin on or before October 1, 2015. The new law requires the NYC Commission on Human Rights to utilize a process called “matched-pair testing,” in whi

North Carolina - General

The Carolina Employer Spring 2015

Jackson Lewis P.C.·

A bulletin on employment, labor, benefits and immigration law.

Utah

Utah Supreme Court Highlights Importance of Disclaimers in Employee Handbooks

Jackson Lewis P.C.·

Guidance for employers seeking to maintain the at-will status of their employees and prevent employee handbooks and policies from becoming implied-in-fact contracts has come from the Utah Supreme Court, confirming the importance of a clear and conspicuous disclaimer prominently placed in an employee

D.C. - Wage & Hour

D.C. Wage Theft Amendment Act Pay Notice Templates Contain Discrepancies

Jackson Lewis P.C.·

Employers in the District of Columbia subject to the Wage Amendment Act must post the Notice of the Act conspicuously in the workplace, as well as provide pay notice information to new hires and current employees.

Massachusetts - General

Massachusetts Earned Sick Leave Law Update: Proposed Regulations Released by Attorney General’s Office

Jackson Lewis P.C.·

Proposed regulations to the voter-approved Massachusetts Earned Sick Leave Law, which takes effect July 1, 2015, were released by the Massachusetts Attorney General’s Office on April 24th. The proposed regulations can be found at: http://www.mass.gov/ago/docs/regulations/proposed/940-cmr-33-00-propo

Illinois - General

The Midwest Employer Spring 2015

Jackson Lewis P.C.·

A bulletin on employment, labor, benefits, and immigration law.

California - General

California Labor Agency Overseeing Paid Sick Leave Law Says Employers Must Use Caution When Asking for Doctors' Notes

FordHarrison·

Executive Summary: In a public webinar recently hosted by the California Department of Industrial Relations regarding California's new paid sick leave law, the state labor agency commented that requiring employees to submit documentation as a condition for payment of sick leave arguably can interfer

California - General

California Attorney General Seeks Supply Chain Transparency Information from Businesses

FordHarrison·

Executive Summary: Recently, a number of large retail and manufacturing companies doing business in California may have been surprised to receive a letter from the California Attorney General asking them to demonstrate compliance with the California Transparency in Supply Chains Act. The Act was ena

Massachusetts - Wage & Hour

Massachusetts Courts Permit No Tipping Policy and Limit the Scope of the Restaurant Exemption

Littler·

Massachusetts courts recently clarified two issues of great interest to employers in the hospitality and restaurant industries. On the one hand, the Massachusetts Supreme Judicial Court held that Massachusetts law does not prohibit employers from adopting a no-tipping policy. On the other hand, the

California - Wage & Hour

California District Court Rejects Application of the FLSA to Security Screenings Under California Law

Littler·

On April 17, 2015, the U.S. District Court for the Northern District of California in Miranda v. Coach, Inc., 2015 U.S. Dist. LEXIS 51768 struck a strong blow against any argument that the exclusion for the time an employee spends undergoing post-shift security screenings from their hours worked und

Georgia - General

Georgia’s Medical Marijuana Law Includes No Employment-Discrimination Protection

Jackson Lewis P.C.·

Georgia has become the 24th state to enact a medical marijuana law. On April 16, 2015, Governor Nathan Deal signed legislation immediately legalizing the use of a low-potency form of cannabis oil for medicinal uses. However, unlike many other medical marijuana laws enacted recently, the Georgia law

New York - General

New York City Council Passes the First Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions

Littler·

On April 16, 2015, the New York City Council overwhelmingly passed a bill to make it unlawful for most employers to use an applicant's or employee's credit history for employment purposes, except in certain, specified circumstances. If the mayor signs the bill, as expected, New York City will join t

New York - Human Rights Law

New York City Human Rights 'Tester' Law Set to Uncover Discrimination in Hiring

Jackson Lewis P.C.·

City anti-discrimination agents posing as job applicants will soon be knocking on employers’ doors in the five boroughs to ferret out discrimination in hiring practices. Seeking to strengthen the New York City Human Rights Commission’s transparency in enforcing the New York City Human Rights Law, ac

Georgia - General

Georgia Becomes 26th Jurisdiction to Decriminalize Medical Marijuana

Littler·

With the enactment of “Haleigh’s Hope Act” on Thursday, April 16, 2015, Georgia became the 26th jurisdiction to decriminalize medical marijuana use. The Act, which became effectively immediately upon signature by Georgia Governor Nathan Deal, legalizes such use under Georgia law in connection with n

D.C. - Wage & Hour

District of Columbia Increases Inspections Following Wage Theft Law Implementation

Littler·

Following the February 26, 2015 implementation of the District of Columbia's Wage Theft Prevention Amendment Act (the “Act”), the Department of Employment Services (“DOES”) launched an “outreach” program entitled the “Zip Code Project.” Through the Zip Code Project, DOES is sending teams of investig

New York - General

New York City Council Tightens Employers Use of Information of Applicants, Employees

Jackson Lewis P.C.·

Legislation being touted as the strictest in the country has been passed by the New York City Council 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

California - Restrictive Covenants

Ninth Circuit Decision Challenges Enforceability of "No Future Employment" Provisions in Employment Separation and Settlement Agreements

CDF Labor Law LLP·

To resolve employment disputes, whether in litigation or at a separation, typically, the parties wish to go in separate directions and not cross paths in the future. Consequently, separation or settlement agreements provide compensation and employees often agree not to seek future employment with th