State Employment Law Articles

On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background records, for employment purposes. In fact, the new District of Columbia law

The New York City Earned Sick Time Act (ESTA or the Act) went into effect on April 1, 2014, giving many New York City employees up to 40 hours of paid sick time per year.1 Since March, the Department of Consumer Affairs (DCA) has provided guidance on its website concerning the ESTA. However, the DCA

In Peter Zimmerman Architects, Inc. v. Toates, No. 3022 EDA 2013 (Aug.19, 2014), a firm specializing in custom, residential architecture sought to enforce a noncompetition agreement against a former employee and the new architectural firm he founded. As written, the noncompete would have prevented t

Executive Summary: On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that unpaid overtime wages are recoverable under the Maryland Wage Payment and Collection Law (MWPCL or "Wage Payment Act"). The ruling increases the potential liability for Maryland e

Under the Patient Protection and Affordable Care Act (ACA), a “waiting period” is defined as the period that must pass before coverage for an individual who is otherwise eligible to enroll under the terms of a group health plan can become effective. The ACA prohibits group health plans and group hea

Executive Summary: Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy available to injured workers, their spouses, children and th

The California Legislature returned from its summer recess on August 4 for the sprint through the last days of the final year of the 2013-2014 session.

On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that employers can be held liable under the Maryland Wage Payment and Collection Law ("Wage Payment Law" or MWPCL) for all overtime violations, including allegations of misclassification under the Fair L

A California Court of Appeal recently issued a short decision in Cochran v. Schwan’s Home Services, Inc., B247160 (Aug. 12, 2014) that took an expansive view of an employer’s obligation to reimburse employees for business expenses. In light of this decision, employers should conduct a careful and wi

Executive Summary: A California Appeal Court has held that employees are only required to show that they were required to use their personal cell phone for work-related calls to be entitled to reimbursement under California Labor Code § 2802. In reaching this conclusion, the appeal court held that i

Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the "Employee Online Privacy Act of 2014" aimed at protecting employees and appli

Payroll debit cards, or paycards, work similarly to credit cards or bank debit cards. Every payday, the employer loads the card with the net wages the employee is due to receive. The employee then has a choice to go to a bank and withdraw the entire sum, or to use the card as one would use a credit

Effective September 30, 2014, employers in New Hampshire will be prohibited from requiring employees or job applicants to disclose their login information for accessing any “personal account” or service through an electronic communication device.

New Jersey Governor Chris Christie has signed into law The Opportunity to Compete Act, otherwise known as the “Ban the Box” bill. This legislation will restrict employers from inquiring about an applicant’s criminal background during the initial stages of the application process. The law will take e

On August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act,” which restricts the ability of covered employers to inquire into, and use, criminal records. New Jersey’s so-called “ban-the-box” law, which will be effective March 1, 2015, follows closely on the heels o

The Puerto Rico (PR) Treasury has issued Administrative Determination Letter 14-16 of August 6, 2014 (AD 14-16) providing rules governing the pre-payment of amounts accumulated under a retirement plan at a special reduced tax rate, allowed under Act 77 of July 1, 2014 (Act 77). The PR Treasury has a

A lawsuit against a trucking company for allegedly misclassifying drivers as independent contractors under California’s Unfair Competition Law (“UCL”) was not preempted by the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”), the California Supreme Court has ruled unanimously. P.

On July 22, 2014, New York Governor Andrew Cuomo signed legislation giving interns in New York State protections from sexual harassment and discrimination in the workplace similar to those given to regular workers. The amendment to the state’s Human Rights Law clarifies the status of interns in the

Take everything you thought you knew about North Carolina’s “blue pencil” doctrine and scribble it out – well, at least as it pertains to non-compete agreements between parties to the sale of a business.

A U.S. District Judge in the Northern District of Texas has issued a preliminary injunction to enforce a non-compete agreement in Brink’s, Inc. v. Patrick, Case No. 3:14-cv-775-B (N.D. Tex., 6/26/14). The opinion adheres to well-established Texas law principles regarding the reasonableness of the li