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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Wisconsin - Restrictive Covenants

Noncompete Case Certified to Wisconsin Supreme Court on Issue of Consideration

Jackson Lewis P.C.·

The Wisconsin Court of Appeals has asked the Wisconsin Supreme Court for “guidance” as to whether additional consideration is required to support a covenant not to compete entered into during an at-will employment relationship. The case, Runzheimer International, LTD v. Friedlen, involves an action

Minnesota - General

Minnesota Expected to Pass Work Equity Bill Benefiting Women

Jackson Lewis P.C.·

The Minnesota Legislature has approved a major piece of legislation aimed at improving working conditions for women that will have a significant impact on Minnesota businesses. The Women’s Economic Security Act (the “Act”), a combination of at least nine different bills, is intended to reduce the ge

California - Cal/OSHA

California Lawmakers Pursue Workplace Safety Bill in Wake of Attacks on Nurses

Littler·

California lawmakers are considering a bill (SB 1299) sponsored by the California Nurses Association/National Nurses United to address workplace violence against healthcare workers. The bill was prompted in large part by two recent attacks on nurses in Los Angeles-area hospitals, in which one nurse

D.C. - Wage & Hour

D.C. Council Seeks to Amend Wage Theft Prevention Act

FordHarrison·

Executive Summary: The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment. If passed, the amended law would substantially increase penalties, create an onerous formal hearing process, impose liability on contractors for subcontractors' act

Florida - General

Florida Supreme Court Rules Florida Civil Rights Act Bars Pregnancy Discrimination

Jackson Lewis P.C.·

The Florida Civil Rights Act’s ban on discrimination based on gender can cover claims of pregnancy discrimination, the Florida Supreme Court has ruled, resolving a conflict among the appellate courts in the state. Delva v. The Continental Group, Inc., No. SC12-231 (Fla. Apr. 14, 2014).

Missouri - General

Refusal to Sign Non-Compete Warrants Unemployment Benefits, Says Missouri Court

Jackson Lewis P.C.·

The Missouri Court of Appeals recently ruled that an employee who resigns rather than sign a non-compete agreement is entitled to unemployment benefits. Darr v. Roberts Marketing Group, LLC, , No. 13-07274R-A, (Mo. Ct. App. Apr. 22, 2014) In this case, David Darr appealed a finding by the Missouri L

Georgia - General

Georgia Employers Can Still Ban Guns on Private Premises Despite New ‘Guns Everywhere Law’

Jackson Lewis P.C.·

Under the Safe Carry Protection Act of 2014, government buildings, schools, churches, and bars are no long excluded from the list of places where licensed persons may legally carry firearms. Signed on April 23, 2014, by Georgia Governor Nathan Deal, the new law, House Bill 60 (also known as the “Gun

California - Wage & Hour

San Francisco Bay Area Employers Must Comply with Commuter Benefits Program by September 30, 2014

Littler·

Covered San Francisco Bay Area employers without an already-existing and compliant commuter benefits plan have until September 30, 2014, to select at least one of four commuter benefit options, notify employees of how to take advantage of the benefits, and register with the Bay Area Commuter Benefit

Florida - General

Florida Supreme Court Finds State Law Bans Pregnancy Discrimination

FordHarrison·

Executive Summary: The Florida Supreme has held that the Florida Civil Rights Act's (FCRA) prohibition against discrimination on the basis of sex includes discrimination based on pregnancy. See Delva v. The Continental Group, 2014 Fla. LEXIS 1316 (April 17, 2014). In reaching this conclusion, the Co

Pennsylvania - Restrictive Covenants

Claims in Pennsylvania Lawsuit Alleging En Masse Defection of Employees as “Sabotage” Survive Dismissal

Jackson Lewis P.C.·

A U.S. District Judge in the Eastern District of Pennsylvania has allowed several claims to proceed to trial following a motion for summary judgment by defendants in Ozburn-Hessey Logistics, LLC v. 721 Logistics, LLC, et al, No. 12-0864 (April 4, 2014). The allegations in the case go beyond the typi

New York - Human Rights Law

Interns in New York City Now Protected from Discrimination under City Law

Jackson Lewis P.C.·

New York City Mayor Bill de Blasio has signed into law a bill protecting interns in the City from job discrimination to the extent as is presently available to employees. The law, amending the New York City administrative code, was approved by the Mayor on April 15, 2014, and is effective June 14.

Tennessee - General

Tennessee Employment Litigation Reform Bill Heads for Governor’s Desk

Jackson Lewis P.C.·

Business-friendly Tennessee, known for its low business taxes and minimal red tape, is on track to be even friendlier if Governor Bill Haslam signs a bill removing liability for employment discrimination from individual supervisors or agents under the Tennessee Human Rights Act and limiting discrimi

Georgia - General

New Georgia Law Limits Employer Liability for Hiring Workers with Criminal Background

Jackson Lewis P.C.·

A new law in Georgia protects employers from negligent hiring and retention claims by creating a presumption of “due care” for hiring and employing individuals with criminal backgrounds who have received a “Program and Treatment Completion Certificate” from the Department of Corrections or a grant o

Connecticut - Wage & Hour

Connecticut’s New Minimum Wage Law Includes Major Changes

Goldberg Segalla·

Connecticut recently became the first state in the country to increase the minimum wage to $10.10 per hour by the year 2017, the same rate that President Barack Obama has been seeking for the federal minimum wage. Connecticut lawmakers passed the historic bill on March 26, 2014, and it was signed in

Wisconsin - General

Wisconsin Limits Employers’ Access to Personal Social Media Accounts of Employees, Job Applicants

Jackson Lewis P.C.·

Adopting restrictions on employers’ ability to access the social media accounts of employees and job applicants, Wisconsin has joined 12 other states with similar restrictions.

Kentucky

New Kentucky Data Breach Notification Law also Protects Student Data in the Cloud

Jackson Lewis P.C.·

Kentucky has become the 47th state in the nation to enact a data breach notification law. H.R. 232, signed by Governor Steve Beshear on April 10, 2014, requires companies to notify residents of the Bluegrass State of security breaches of information involving their personally identifiable informatio

Minnesota - Wage & Hour

Minnesota Passes Minimum Wage Increases

Jackson Lewis P.C.·

Minnesota Governor Mark Dayton has signed a law increasing the minimum wage in Minnesota to $9.50 an hour by 2016. The first of three increases will be effective August 1, 2014.

Puerto Rico

Recent Puerto Rico Court of Appeals Rulings Provide Guidance Regarding What Constitutes a Transfer of Going Business

Littler·

Two recent rulings from the Puerto Rico Court of Appeals provide guidance as to what constitutes the transfer of a going business vis-à-vis the closing of a business, to determine whether the employer is liable for payment of severance to employees who are discharged within the context of those tran

California - General

California Supreme Court Hears Arguments on Whether Discrimination Claim Barred if Employee Used Another’s Social Security Number When Applying for Position

Littler·

The California Supreme Court recently heard oral arguments in an appeal brought by a former employee who claims the lower courts incorrectly determined that his disability discrimination claim was barred because he misappropriated someone else’s Social Security number to apply for the job.