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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Puerto Rico

The Supreme Court of Puerto Rico Clarifies Employer Obligations to Eradicate Sexual Harassment in the Workplace

Littler·

The Puerto Rico Supreme Court recently held that, in fulfilling their obligation to prevent, prohibit and eradicate sexual harassment in the workplace, employers may adopt rules and regulations that go beyond the requirements of Law No. 17 of April 22, 1988 (“Law 17”), which prohibits sexual harassm

California - Wage & Hour

New FLSA Overtime Exemption Regulations Still Under Consideration By Department of Labor

CDF Labor Law LLP·

Earlier this week, Secretary of Labor Perez announced that her agency is still working hard on revising the regulations governing the existing white collar overtime exemptions. These regulations were originally expected to be published in early 2015. However, that did not happen. Secretary Perez now

Missouri - Restrictive Covenants

Missouri Federal Court Reminds Employers that Non-Compete Agreements are not Automatically Assignable

Jackson Lewis P.C.·

The United States District Court for the Western District of Missouri has declined to enforce two employment agreements containing non-competition covenants because the employees who signed them had not contemporaneously assented to their assignment when their employer sold its assets to another com

Washington State - General

The Pacific N.W. Employer Spring 2015

Jackson Lewis P.C.·

Washington Workplace Bills to Watch; Seattle April 1 Minimum Wage Increase; Will Oregon Employers Soon Need to Accommodate Medicinal Marijuana Use?

Hawaii

Hawaii Supreme Court Considers Medical Center's Decision to Reject Job Applicant with Felony Drug Conviction

Littler·

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion to consider criminal records relative to employment decisions. Even before A

D.C. - General

District of Columbia Passes Legislation Allowing Employees to Discuss Wages

Jackson Lewis P.C.·

The District of Columbia has passed the Wage Transparency Act of 2014. The Act prohibits all private employers within the District from implementing workplace policies that forbid employees from discussing their wages with coworkers. The Act echoes President Barack Obama’s Executive Order 13665, man

New Jersey - Law Against Discrimination

Court Adopts New Test in Harassment Cases

Goldberg Segalla·

Professionals strive to maintain safe and welcoming workplaces for employees and guests. To further this goal, many firms have incorporated into their employment manuals anti-harassment policies and training. Yet, despite such precautionary steps, an employer cannot guarantee an environment free of

Utah

"Utah Compromise" Prohibits Employment Discrimination Based on Sexual Orientation and Gender Identity

Littler·

On March 12, 2015, Gov. Gary Herbert of Utah signed into law S.B. 296, making Utah the 22nd state to prohibit discrimination in employment based on sexual orientation and the 19th state to prohibit discrimination in employment based on gender identity (plus the District of Columbia). Called the "Uta

Minnesota - Restrictive Covenants

Minnesota Supreme Court Allows Advice of Counsel Defense to Tortious Interference Claim in Non-Compete Dispute

Jackson Lewis P.C.·

The Minnesota Supreme Court has affirmed lower court findings dismissing a claim of tortious interference with contract by a staff augmentation company that successfully sued a former employee and his new employer for breach of a non-compete agreement. Sysdyne Corp. v. Rousslang, et al, No. A13-0898

Utah

Utah Governor Signs Landmark LGBT and Religious Expression Anti-Discrimination Bill

Jackson Lewis P.C.·

Utah Governor Gary Herbert (R) has signed into law a bi-partisan bill protecting lesbian, gay, bisexual, and transgender (LGBT) people from discrimination. While other states and local governments are considering similar initiatives, the Utah law is the first enacted legislation that seeks to balanc

California - Fair Employment And Housing Act

No Employer Liability If There is No Actionable Harassment or Discrimination, California Court Rules

Jackson Lewis P.C.·

An employer cannot be held liable for failure to prevent sexual harassment under the California Fair Employment and Housing Act (“FEHA”) if there is no actionable sexual harassment, the California Court of Appeal has ruled. Dickson v. Burke Williams, Inc., No. B253154 (Cal. Ct. App. Mar. 6, 2015). L

Wisconsin - General

Unions Sue to Stop Wisconsin’s New Right-to-Work Law

Jackson Lewis P.C.·

The day after Wisconsin Governor Scott Walker (R) signed the state’s new right-to-work act, unions struck back with a complaint and a motion for a restraining order and temporary injunction. Three unions in Wisconsin, the International Association of Machinists and Aerospace Workers (“IAM”) District

California - General

Oakland Minimum Wage and Paid Sick Leave Law Effective This Week

CDF Labor Law LLP·

In addition to having to comply with the new statewide paid sick leave law, California employers with employees in Oakland need to ensure that they are complying with a new Oakland minimum wage and paid sick leave measure that took effect March 2, 2015.

Wisconsin - General

Wisconsin Becomes 25th Right-to-Work State

Jackson Lewis P.C.·

The Wisconsin State Assembly has voted to make Wisconsin the 25th right-to-work state in the country.

Wisconsin - General

Wisconsin Becomes Next "Right to Work" State

Littler·

On March 6, 2015, Wisconsin’s State Assembly approved legislation that will make Wisconsin the 25th “Right to Work” state in the country. Governor Walker has said he intends to sign 2015 Assembly Bill 61 into law within days. The legislation significantly modifies Chapter 111 of the Wisconsin Statut

D.C. - General

District of Columbia Issues Template "Wage Theft Prevention Amendment Act" Notices

Littler·

The District of Columbia’s new Wage Theft Prevention Amendment Act of 2014 (the Act), which became effective on February 26, 2015, requires employers to provide written notice to each employee based in D.C. containing specific information about the employee’s terms and conditions of employment. Alth

D.C. - General

New District of Columbia Protections for Pregnant Workers Effective

Jackson Lewis P.C.·

The Protecting Pregnant Workers Fairness Act of 2014 is now official law in the District of Columbia, with a retroactive effective date of February 3, 2015. To comply with the Act, employers should post a notice of employee rights immediately and provide existing employees with written notice of the

New York - General

Workers' Compensation Quarterly - Winter 2015

Goldberg Segalla·

Timely summaries of decisions from across New York, Connecticut, New Jersey, and Pennsylvania concerning workers' compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.

New Mexico

New Mexico Supreme Court Creates Additional Protections for Physicians Participating in Peer Review

Littler·

In a singular decision that may became a model around the country, the New Mexico Supreme Court has ruled that a hospital violated the law by using confidential information about a physician’s peer review conduct to terminate his employment. The court affirmed a verdict in favor of the physician and

California - Fair Employment And Housing Act

Removing Essential Job Functions Not Reasonable Disability Accommodation under California Law, Court Rules

Jackson Lewis P.C.·

Affirming summary judgment in favor of an employer on an employee’s disability discrimination claims under the California Fair Employment and Housing Act (“FEHA”), the California Court of Appeal has ruled that the employer was not required to eliminate essential functions of a position as a reasonab