State Employment Law Articles

On April 2, 2015, Arkansas enacted a new law (the Act)1 that greatly expands the enforceability of noncompete agreements in the state. The Act makes striking changes to Arkansas non-compete law.

On April 10, 2015, the New York State Office of the Attorney General Eric T. Schneiderman sent letters to 13 major national retailers, requesting detailed information concerning the companies’ New York staffing and scheduling policies and practices.

Effective April 1, 2015, a new Wage Theft Ordinance imposes specific wage and tip notice requirements on employers in the City of Seattle.1 The Seattle Office for Civil Rights (SOCR) is granted power to investigate complaints, and employers who violate the Ordinance are subject to orders to pay wage

Executive summary: Tennessee Governor Bill Haslam has signed legislation providing new employment protections for handgun owners. As discussed in more detail in our March 25, 2015 Alert, the new law creates a private right of action for any employee who is terminated solely for storing a firearm or

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

Employers are seeing charges mount against them under the District of Columbia’s recent “Ban the Box” law, the Fair Criminal Record Screening Amendment Act of 2014, which became effective December 17, 2014.

Effective July 1, 2015, employers in Virginia will be prohibited from requiring, requesting, or causing a current or prospective employee to disclose the username and password to the individual’s social media account. The new law, signed by Governor Terry McAuliffe on March 23, 2015, also prohibits

Is the work being performed a “protected activity” under New York Labor Law?

On April 2, 2015, the Indiana General Assembly passed, and the Governor signed, an amendment to the controversial new Indiana Religious Freedom Restoration Act ("Indiana RFRA") that explicitly prevents the statute from being used as a tool for discrimination. The Indiana RFRA, as amended, will becom

A whistleblower claims he was fired because he complained about wrongful conduct, and sues for retaliation. For the claim to survive, does it matter who hears the whistleblower's whistle? The Tennessee Supreme Court has answered this question with an emphatic "yes." In Charles Haynes v. Formac Stabl

The federal district for the Western District of Louisiana added to the growing list of decisions that have applied Louisiana’s non-compete statute to invalidate choice-of-law or forum-selection clauses. These decisions have struck down clauses that, on their faces, would have required Louisiana emp

Two new Seattle ordinances imposing significant workplace changes on employers with employees in the City took effect on April 1, 2015.

Many employers require their employees sign agreements containing a “loyalty provision.” That is, a clause that requires the employee to devote all or most of his/her working time to the employer’s endeavors, while the employee remains employed by the employer. What many employers fail to realize, h

California's State Legislature is now producing the labor and employment bills that will be the subject of its attention this year.

As many state legislatures open their 2015 sessions, Virginia has become the first this year — and most likely not the last — to continue the legislative trend towards protecting applicants' and employees' personal online accounts. As the 19th state to enact password protection legislation, Virginia

Amendments to the California Family Rights Act (“CFRA”) regulations, going into effect on July 1, 2015, are meant to clarify a number of uncertainties, align the CFRA regulations more closely with the federal Family and Medical Leave Act (“FMLA”) regulations (where the laws are consistent), and ensu

LinkedIn is perhaps the go to social media site for professionals seeking to promote their achievements and build their brand. LinkedIn has carved a niche within the social media landscape by integrating networking capabilities with the specific needs of professionals hoping to build relationships.

The New York State Department of Labor ("NY DOL") has consistently enforced the New York Labor Law ("NYLL") as permitting third-party employers of 24-hour home care attendants to pay their employees for 13 hours of a 24-hour shift, provided the employee is afforded eight hours of sleep, five of whic

Executive summary: On March 23, 2015, members in both houses of the Tennessee General Assembly voted overwhelmingly to pass new employment protections for handgun owners. The bill creates a private right of action for any employee who is terminated solely for storing a firearm or ammunition in the e

The D.C. Wage Amendment Act’s broad changes to the District of Columbia’s wage and hour laws greatly increases employer obligations, potential penalties, and liability, while creating a cumbersome administrative hearing process in order vindicate their rights.