State Employment Law Articles

Announcing that “class-wide relief remains the preferred method of resolving wage and hour claims, even those in which the facts appear to present difficult issues of proof,” the California Court of Appeal reversed an order denying certification of a class of restaurant managers who claimed they wer

The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In Phoenixville Hospital v. WCAB (Shoap), the court ruled that evidence that a claimant

The New Jersey Department of Labor has issued a new mandatory gender equity notification form. Employers with at least 50 employees, whether working inside or outside of New Jersey, must conspicuously post the notice, as well as distribute it to employees (P.L. 2012, c.57). The notification serves t

Employers with operations in Oregon should ensure their policies and practices are in compliance with the state’s new employment laws going into effect on January 1, 2014. The new laws will affect the day-to-day operations of many businesses.

In a recent decision, Judge Young of the U.S. District Court for the District of Massachusetts held that an arbitration agreement does not need to specifically reference the Massachusetts Payment of Wages Law in order for claims under that statute to be subject to arbitration. Specifically, the dist

An Ohio appeals court recently held that an employee did not breach his non-competition agreement by creating his own business in the same industry as his former employer, despite the fact that the former employee contacted clients of his former employer and began compiling an inventory during his r

As common issues predominated regarding whether the employer had a policy of denying compensation for certain pre-shift work in violation of California’s wage and hour laws, denial of class certification is not appropriate, the California Court of Appeal has ruled, reversing the lower court. Jones e

Employees who alleged they remained in their jobs after the employer made oral promises of a bonus upon completion of the sale of the company, which bonus was never paid, had adequately pled claims for promissory fraud (concealment), breach of contract and promissory estoppel, the California Court o

An employee “whistleblower” suing for retaliatory discharge under Tennessee law must have reported the alleged misconduct to someone other than the person engaging in the alleged misconduct, the Tennessee Court of Appeals has ruled. Haynes v. Formac Stables, Inc., No. W2013-00535-COA-R3-CV (Tenn. Ct

The Colorado Department of Labor and Employment announced that it has adopted Minimum Wage Order 30, which will govern minimum wages in 2014. Effective January 1, 2014, the state’s minimum wage will increase from $7.78 to $8.00 per hour. For tipped employees, the minimum cash wage will increase from

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends California Labor Code sections 230 and 230.1 to extend the prohibitions agai

Non-compete agreements are enforceable against former employees, according to Tennessee law, as long as the agreements are reasonable and necessary to protect the employer’s legitimate interests, the Court of Appeals of Tennessee has ruled. James F. Dill Jr. et al. v. Continental Car Club, Inc. et a

Employers with operations in California should ensure their policies and practices are in compliance with the state’s new employment laws going into effect on January 1, 2014. The new laws will affect the day-to-day operations of many businesses.

While some states are clamoring for stricter laws concerning mandatory influenza vaccinations, some lawmakers in Wisconsin have taken the opposite approach. A public hearing was held on November 13, 2013 regarding Assembly Bill 247, which would prohibit Wisconsin employers – including healthcare emp

The use of LinkedIn to notify professional contacts of a change in employment did not constitute competition. according to a recent Massachusetts ruling. In KNF&T v. Muller, No. 13-3676-BLS1 (October 24, 2013), the Massachusetts Superior Court denied a request for a preliminary injunction where an e

On November 1, 2013, the City Attorney’s office published Administrative Rules to help implement Portland’s new Sick Leave Ordinance. Under the ordinance, beginning January 1, 2014, private-sector employers doing business in Portland that have six or more employees will be required to provide qualif

Nevada law permits employers to establish mandatory tip pools, even when the tip pooling procedure requires gratuities to be shared among employees of different ranks, so long as the employer does not keep any of the tips for itself, the Nevada Supreme Court has held. Wynn Las Vegas, LLC v. Baldonad

On October 15, 2013, California’s Fourth Appellate District held that claims for breach of contract, breach of fiduciary duty, unfair competition, interference with business relations, and conversion are not preempted by California’s Uniform Trade Secrets Act (UTSA). The case is in Angelica Textile

A grocery store’s arbitration policy was so one-sided that it “shocked the conscience” under California law and was unenforceable, the U.S. Court of Appeals for the Ninth Circuit has ruled, citing in part a provision requiring employees to split the arbitrator’s fees down the middle. Chavarria v. Ra

On November 5, New Jersey became the fifth state to add a minimum wage to its state constitution with 61 percent of voters supporting the ballot question. This was a hotly contested issue as business groups and unions spent significant money and time advocating for their respective positions. The co