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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New York - General

New York Legislative Developments

Jackson Lewis P.C.·

New York State has enacted new compliance obligations for non-profit employers, transporters of commercial goods, and health care employers.

Virginia

Federal Court Rules that Virginia's Laws Barring Same-Sex Marriage are Unconstitutional

Littler·

On February 13, 2014, in Bostic v. Rainey, Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia ruled that any Virginia laws banning same-sex marriage or prohibiting recognition of same-sex marriages – including Article I, Section 15-A of the Virginia Constitu

California - Wage & Hour

“Ban-the-Box” and Beyond: Employers That Do Business In or Contract with the City of San Francisco Should Review Sweeping Restrictions Regarding Inquiries Into, and the Use of, Criminal Records

Littler·

On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly restrict the ability of covered employers to inquire into, and use, criminal

D.C. - General

District of Columbia Greatly Expands Paid Sick Leave Coverage, Enforcement, and Penalties with Amendments to the Accrued Sick and Safe Leave Act

Littler·

The District of Columbia is poised to implement sweeping new amendments to the Accrued Sick and Safe Leave Act of 2008. The amendment, entitled the Earned Sick and Safe Leave Amendment Act of 2013 (the "Act"), has been signed by D.C. Mayor Vincent Gray and is projected to take effect at the end of F

Indiana

Relief from Indiana Wage Payment and Wage Deduction Statutes May Be in Sight

Jackson Lewis P.C.·

Halfway through its 2014 session, the Indiana General Assembly is considering two bills that, if passed, could significantly affect employers.

Delaware

Delaware Minimum Wage Increases June 1, 2014

Jackson Lewis P.C.·

Delaware’s first minimum wage hike since 2009 will go into effect on June 1, 2014, under legislation signed by Governor Jack Markell. The first of two increases becomes effective June 1, 2014, when the minimum wage will go up 50 cents to $7.75 per hour. One year later, on June 1, 2015, the rate will

California - Wage & Hour

San Francisco's Board of Supervisors "Bans The Box" and Further Complicates Criminal History Checks by the City's Employers

Littler·

Yet another legislative body, San Francisco’s Board of Supervisors, has “banned the box,” the widely used criminal history check box on employment applications. The ordinance, which will become law no later than Thursday, February 13, 2014 unless the Mayor vetoes it, would make San Francisco the nin

Nevada - General

Nevada Clarifies Medical Marijuana Law and Enacts New Law on Arbitration Agreements

Littler·

Two notable developments to Nevada employment law took place in 2013. The Nevada Legislature not only clarified some ambiguities in the medical marijuana law as it relates to employers, but also enacted a new arbitration statute that will likely require Nevada employers to revise their current arbit

New Jersey - General

Legal Alert: Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure

FordHarrison·

Executive Summary: Following Jersey City's lead, New Jersey's largest city is poised to enact an ordinance that would require employers to provide up to 40 hours per year of paid sick time to Newark employees.

New Jersey - Law Against Discrimination

New Jersey Employers Face New Pregnancy Accommodation Requirements

Littler·

On January 21, 2014, New Jersey Governor Chris Christie signed the Pregnant Worker’s Fairness Act (PWFA) after nearly unanimous support in the State Assembly and Senate. The PWFA, which took effect immediately, applies to all New Jersey employers and amends the New Jersey Law Against Discrimination

Illinois - General

New Chicago Ordinance Bans Smoking of E-Cigarettes Indoors

Jackson Lewis P.C.·

Effective April 29, 2014, a new Chicago ordinance will prohibit smoking of electronic cigarettes (or e-cigarettes) in enclosed public places and enclosed places of employment in the city. Chicago joins New York City and a handful of other jurisdictions (including the states of Arkansas, North Dakota

Pennsylvania - Restrictive Covenants

Pennsylvania Court Upholds Choice of Law Provision in Non-Solicitation Case Involving California Employee

Jackson Lewis P.C.·

In another example of out-of-state employers utilizing choice of forum and choice of law provisions to bind California employees to restrictive covenants, the Pennsylvania Superior Court recently held that a Pennsylvania choice of law and forum clause was enforceable as against a California resident

Tennessee - General

Legal Alert: Tennessee Employee Gun Owner Protection Amendment Voted Down

FordHarrison·

Executive summary: On February 5, 2014, members of the Tennessee Senate voted down an amendment that would have created a specific employment protection for gun owners. The amendment sought to add a provision to the controversial "guns in trunks" law passed last year by the General Assembly, which w

New Jersey - Law Against Discrimination

New Jersey Employers Must Provide Pregnant Employees Accommodations under New Law

Jackson Lewis P.C.·

A new New Jersey law prohibits pregnancy discrimination in the workplace and requires employers to provide pregnant employees with reasonable, pregnancy-related accommodations, upon request, absent a showing of undue hardship. California and Maryland are other states that have extended their accommo

Oregon - Wage & Hour

Portland Bar, Restaurant Liable for Unpaid Wages due Predecessor’s Employees, Oregon High Court Holds

Jackson Lewis P.C.·

An employer that acquired the assets of a defunct bar and restaurant and continued to operate a restaurant on the same premises was liable for unpaid wages owed to the defunct restaurant’s former employees, the Oregon Supreme Court has ruled. Blachana LLC v. Bureau of Labor and Industries, No. S0607

D.C. - Wage & Hour

Washington D.C. Minimum Wage to Go Up

Jackson Lewis P.C.·

The District of Columbia’s minimum wage will increase to $11.50 per hour, from $8.25 per hour, by July 2016 under the D.C. Minimum Wage Amendment Act (“MWAA”), signed into law by District of Columbia Mayor Vincent Gray.

New Jersey - Law Against Discrimination

Legal Alert: New Gender Equity Poster and Notice Required for New Jersey Employers

FordHarrison·

Executive Summary: The New Jersey Department of Labor and Workforce Development has issued the final form for required gender equity posters and notices. Effective January 2014, New Jersey employers with 50 or more employees must conspicuously post a notice informing employees of their right to be f

New Jersey - General

Criminal Prosecution for Employee’s Theft of Employer’s Documents May Proceed, New Jersey Court Rules

Jackson Lewis P.C.·

An employee who removes or copies her employer’s documents for use in her whistleblower or discrimination case may be prosecuted criminally for stealing, a New Jersey state court has ruled. State v. Saavedra, No. A-1449-12T4 (App. Div. Dec. 24, 2013). The employee had taken highly confidential origi

New York - Human Rights Law

Modifications to New York City Earned Sick Leave Act Proposed

Jackson Lewis P.C.·

While the New York City paid sick leave law enacted in 2013 over the veto of then-Mayor Michael Bloomberg has yet to become effective, Mayor Bill de Blasio and City Council Speaker Melissa Mark-Viverito already have proposed significant modifications to the legislation. The proposed changes are like

Minnesota - General

Minnesota Bill Would Require Immediate Suspension for Nurses Failing a State Diversion Program

Littler·

A Minnesota legislator introduced a bill this week that would require the immediate suspension of any licensed health professional failing to comply with a state program that monitors drug abuse and mental illness. The bill comes in the wake of numerous reports of healthcare professionals continuing