State Employment Law Articles

Louisiana Governor Bobby Jindal has signed into law the Personal Online Account Privacy Protection Act. The Act prohibits employers and schools in Louisiana from requesting or requiring access to the personal e-mail, social media and other types of online accounts of employees and job applicants. It

On May 29, 2014, Minnesota Governor Mark Dayton signed into law legislation making Minnesota the 23rd jurisdiction to adopt a law authorizing the use of medical marijuana.1 The new Minnesota medical marijuana law (MML) promises to cloud and add complexity to administration of Minnesota employers' dr

The Carolina Employer Summer 2014.

Tennessee Governor Bill Haslam has signed into law a bill removing individual liability for employment discrimination under the Tennessee Human Rights Act from supervisors or employer agents, and capping discriminatees’ “non-pecuniary” damages, among other things. The new law will apply to all cause

Executive Summary: Tennessee has drastically changed the legal landscape of employment discrimination litigation under state law. For claims arising after July 1, 2014, plaintiffs will no longer have the ability to seek unlimited compensatory damages in discrimination lawsuits; the common law claim

On May 28, 2014, the Houston City Council passed the city's first ordinance to ban discrimination in private workplaces, and to expand the types of prohibited discrimination for employers subject to this ordinance, as noted below. Houston is one of the last major cities in the United States to adopt

On May 22, 2014, the City of Rochester became the second city in New York to “ban the box,” by adopting legislation restricting the timing of pre-employment inquiries by most Rochester public and private employers into a candidate’s criminal history. Rochester joins Buffalo,1 as well as Baltimore, N

As the days grow warmer, California employers with outdoor places of employment should think about compliance with California’s Heat Illness Prevention Regulations (Cal. Code of Regs. tit. 8, § 3395). To comply with the regulations, California employers should take four essential steps:

The Baltimore City Council has enacted the “Ban the Box Fair Criminal Record Screening Practices” Ordinance, which restricts the timing of pre-employment inquiries about a job applicant’s criminal history by certain private employers. The Ordinance will become effective August 13, 2014, 90 days afte

A trial court lacked authority to rule on the enforceability of an arbitration agreement when the parties had contracted to delegate questions about the agreement’s enforceability to the arbitrator, the California Court of Appeal has ruled, reversing the denial of arbitration in a wrongful discharge

Executive Summary: A bill which would expand existing laws to prohibit discrimination against the unemployed is progressing in the New Jersey state legislature, having been approved by the Senate and reported favorably out of the Assembly Labor Committee as amended. Existing law makes it unlawful to

In a case of “first impression”, The Superior Court of Pennsylvania has ruled that a restrictive covenant entered into after employment has already commenced is unenforceable if not supported by separate valuable consideration. Socko v. Mid-Atlantic Systems of CPA, Inc., No. 1223 MDA 2013.

An arbitration and confidentiality agreement provided to car wash workers was unconscionable and unenforceable, the California Court of Appeal has ruled, denying arbitration in a class action for alleged California wage-hour law violations. Carmona v. Lincoln Millennium Car Wash, Inc., No. B248143 (

Minnesota Governor Mark Dayton celebrated Mother's Day by signing the Women's Economic Security Act (WESA), a nine-part law intended to break down barriers for women in the workplace.1 Of particular importance to state contractors is a provision amending the Minnesota Human Rights Act to require cer

This week, Minnesota passed the Women’s Economic Security Act (WESA), a nine-part law intended to break down barriers for women in the workplace. Of direct interest to employers, the law protects employees’ discussion about wages, requires certain state government contractors to certify their compli

On May 15, 2014, the City of Baltimore, Maryland, became the tenth U.S. jurisdiction to "ban the box" by passing legislation restricting private employers from inquiring into the criminal history of job applicants.

Ambiguity in settlement agreements can sabotage finality and certainty as a recent California decision shows. Where a settlement agreement is silent regarding litigation costs, an employee may obtain mandatory costs as the prevailing party under state law as the settlement proceeds constituted the r

Minnesota Governor Mark Dayton has signed the Women’s Economic Security Act (“Act”) into law. The Act is a major piece of legislation aimed at improving working conditions for women that will have a significant impact on Minnesota businesses.

Tennessee has joined the growing number of states that prohibits employers, including government entities, from requesting or requiring access to the private social networking or online accounts of employees and job applicants. The Employee Online Privacy Act of 2014, signed by Governor Bill Haslam

Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014.1 Three weeks after Wisconsin became the 13th state to adopt its own social media password protection law, on April 29, 2014, Tennessee Governor Bill Haslam signed hi