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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Tennessee - General

Evidence Sufficient for Jury to Find Employer Retaliated against Employee, Tennessee High Court Rules

Jackson Lewis P.C.·

A university’s former maintenance employee presented material evidence for a jury to infer that his supervisor knew he had filed a lawsuit for employment discrimination when she engaged in retaliatory conduct, a unanimous Tennessee Supreme Court has held, reinstating a jury verdict for the employee.

Texas

Dallas Voters Approve City Charter Amendment Prohibiting Discrimination Against City Employees based on Gender Identity and Sexual Orientation

FordHarrison·

Executive Summary: On November 4, 2014, voters in Dallas approved an amendment to the City Charter to add nondiscrimination protections for LGBT city employees.

Massachusetts - General

Massachusetts Voters Approve Paid Sick Leave Law

Littler·

On November 4, 2014, Massachusetts voters approved a ballot question that requires all private sector employers to provide employees with up to 40 hours of sick leave per calendar year. Under the new law, which goes into effect on July 1, 2015, employers with 11 or more employees must provide employ

Indiana

Indiana Supreme Court Upholds Constitutionality of Right to Work Law

Jackson Lewis P.C.·

Indiana’s Right to Work law has withstood its first challenge in the state’s highest court. The Indiana Supreme Court upheld the law’s constitutionality in a 5-0 decision in Zoeller, et al. v. Sweeney, et al., No. 45S00-1309-PL-596 (Nov. 6, 2014). The decision reverses an opinion by Lake County Supe

Missouri - Restrictive Covenants

Missouri Court of Appeals Rules Non-Compete Lacking Geographic Limitation, Not Tied to Confidential Information, Is Unenforceable

Jackson Lewis P.C.·

A Missouri employer failed in its attempt to enjoin a former employee from working for a competitor after a Missouri appeals court ruled his employment agreement was unenforceable as a matter of law. In Sigma-Aldrich Corp. v. Vikin, No. ED-100575, (Mo. Ct. App. Oct. 14, 2014), the Missouri Court of

Pennsylvania - General

The Old (Law) is New Again: Plaintiffs Increasingly Using Old Pennsylvania Law to Challenge Background Check Decisions

Littler·

In a climate of increased national scrutiny regarding employer use of criminal background screening, plaintiffs are turning to a provision in the Pennsylvania Criminal History Record Information Act (CHRIA), 18 Pa.C.S. § 9125, as another avenue to challenge employer hiring decisions.1 Thus, Pennsylv

Maryland

Recent Changes to Maryland Law Give Pregnant Employees and New Parents Enhanced Employment Protections

FordHarrison·

Executive Summary: In 2013, the Maryland legislature passed the Reasonable Accommodations for Disabilities Due to Pregnancy Act requiring employers with 15 or more employees to provide reasonable accommodation for individuals with a disability "caused or contributed to by pregnancy." Then, one year

Massachusetts - General

Massachusetts Voters Pass Mandatory Sick Time Law for All Employers, Effective July 1, 2015

Jackson Lewis P.C.·

Voters in the Commonwealth of Massachusetts have approved a ballot measure requiring Massachusetts employers to provide up to 40 hours of sick time each calendar year to all employees.

Ohio

The Midwest Employer Fall 2014

Jackson Lewis P.C.·

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

Puerto Rico

Puerto Rico Enacts New Incentive Plan for Employers to Pay Outstanding Workers' Compensation Debt

Littler·

On October 16, 2014, Puerto Rico Governor Alejandro García Padilla signed Law No. 174, a new incentive plan for employers to become current and eliminate any arrears of any outstanding debt owed to the Puerto Rico State Insurance Fund Corporation (“SIFC”) that oversees workers’ compensation funds. L

North Carolina - General

The Carolina Employer Fall 2014

Jackson Lewis P.C.·

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

New Jersey - Restrictive Covenants

Delay Leads to Denial of Request for Injunctive Relief in New Jersey Lawsuit

Jackson Lewis P.C.·

A recent decision from the United States District Court for the District of New Jersey highlights the perils of delay before applying for injunctive relief. In PTT, LLC v. Gimme Games, et al. No. 13-7161 (JLL/JAD), PPT, a slot machine developer, sued competitor Gimme Games and former PPT executives

Colorado - Wage & Hour

Wage Protection Act Makes Significant Changes to Colorado Wage and Hour Law

Littler·

Significant changes to Colorado’s wage and hour law are set to go into effect on January 1, 2015, with the implementation of the Wage Protection Act of 2014 (the Act or the amendments). The Act amends the Colorado Wage Claim Act by establishing a procedure for the Colorado Division of Labor to adjud

Florida - General

Proponents of Florida's Medical Marijuana Amendment Have High Hopes But Will Its Passing Affect Your Workplace Policies?

FordHarrison·

Executive Summary: If voters approve the ballot initiative "Use of Marijuana for Certain Medical Conditions" ("Amendment 2") this November, Florida will become the 24th state plus Washington D.C. to legalize medical marijuana.[1] Amendment 2 would amend the Florida Constitution to allow the medical

California - Fair Employment And Housing Act

New California Paid Sick Leave Law May Cause Headaches for Employers

FordHarrison·

Executive Summary: On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA), which provides nearly all employees working in California with paid sick leave. The new law goes into effect on July 1, 2015.

Louisiana - General

Louisiana Employers Are Restricted in Their Ability to Consider Certain Criminal Records for Employment

Littler·

Effective August 1, 2014, Louisiana became another state to regulate employer use of criminal record information for employment purposes.

D.C. - General

D.C. City Council Removes Final Obstacle to Enforcement of Sick and Safe Leave Amendments

Jackson Lewis P.C.·

The District of Columbia City Council has paved the way for full enforcement of the District’s Earned Sick and Safe Leave Amendments Act of 2013. Employers should comply with the amendments as of October 3, 2014.

Massachusetts - General

Domestic Violence Leave Required in Massachusetts

Littler·

Massachusetts’s new domestic violence leave law – which became effective on August 8, 2014 – created new obligations for Massachusetts employers of 50 or more employees.

California - General

California Law Expands Scope of Liability of Employers that Use Labor Contractors

FordHarrison·

Executive Summary: California employers that hire temporary workers now share liability with staffing agencies for certain violations of the state's labor laws. On September 28, 2014, California Governor Jerry Brown signed into law Assembly Bill 1897, a controversial bill that significantly expands

Minnesota - Restrictive Covenants

Half-Billion Dollar Arbitration Award in Trade Secrets Case Affirmed by Minnesota Supreme Court in Trade Secrets Dispute

Jackson Lewis P.C.·

The Minnesota Supreme Court has affirmed an arbitrator’s eye-popping award of $525 million plus prejudgment interest totaling $96 million and post-award interest in a trade secrets dust up between Seagate Technology, LLC and Western Digital Corporation, et al. Seagate Technology, LLC v. Western Digi