State Employment Law Articles

The New Jersey Department of Labor has issued the notice required to be posted under the New Jersey Security and Financial Empowerment Act (“NJ SAFE” Act). The NJ SAFE Act goes into effect on October 1, 2013. The statute requires employers to provide up to 20 days of unpaid leave during any 12-month

The plaintiff must prove her pregnancy was a “substantial motivating reason” for her termination, not merely a “motivating reason,” the California Court of Appeal has ruled, reversing a jury verdict in favor of the employee in a pregnancy discrimination case under the California Fair Employment Hous

Indiana’s “right to work” law violates the state constitution’s guarantee of just compensation for services rendered, a Lake County (Indiana) Superior Court Judge has held. Sweeney v. Zoeller, No. 45D01-1305-PK-52 (Ind. Super. Ct. Sept. 5, 2013). Indiana Attorney General Greg Zoeller has filed an ap

A bulletin on employment, labor, benefits, and immigration law.

On September 5, 2013, Indiana Superior Court Judge John Sedia ruled that the Indiana right-to-work law violates Article I, Section 21 of the Indiana Constitution, which provides that: “No person’s particular services shall be demanded, without just compensation.” The plaintiffs in Sweeney v. Zoeller

Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant employees with certain reasonable accommodations beyond the requirements of the federal Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA). The Reasonable Accommodations for

It’s all over now but for the gubernatorial pen strokes – or not.

On September 12, 2013, District of Columbia Mayor Vincent Grey vetoed the "Large Retailer Accountability Act of 2013," which was passed by the D.C. Council in an 8-5 vote on July 10, 2013.

On August 14, the New York Supreme Court Appellate Division, Second Department issued a decision in Minovici v. Belkin recognizing that the employment relationship under common law is presumed to be a hiring at will terminable at any time by either party. Even though the plaintiff and the employer h

The week of September 9 is the last week of the 2013 session of the California Legislature. Of the 2,256 regular bills introduced in the Senate and Assembly, the finalists will be sent on to Governor Brown’s office for approval or veto. The Governor has a maximum of 30 days to sign or veto a measure

On August 26, 2013, the New Jersey Appellate Division reversed a grant of summary judgment to an employer upon concluding, based on little more than the plaintiff’s self-serving statements, that its former employee’s detailed release of claims was not “knowing and voluntary.” Although this decision

On August 27, 2013, the Missouri Supreme Court issued an opinion that significantly changes the way employers will have to approach raising objections to improperly filed charges of discrimination under the Missouri Human Rights Act (MHRA).1 In a stunning change of MHRA jurisprudence, the opinion al

New Jersey Governor Chris Christie has approved legislation banning retaliation against employees who discuss their jobs and compensation with their colleagues if the purpose of the discussion is to assist in investigating potential discriminatory treatment concerning “pay, compensation, bonuses, ot

Executive Summary: On August 29, 2013, New Jersey Governor Chris Christie signed into law two pieces of legislation that will have a significant impact on employers. A-2878, the "Facebook bill," prohibits employers from requiring or requesting employees to disclose their name, password or other mean

California Governor Jerry Brown has signed legislation (S.B. 462) amending the California Labor Code to limit employers’ ability to recover attorney’s fees and costs in actions for nonpayment of wages. Previously, California case law left open the possibility that Labor Code Section 218.5 permits th

On August 29, 2013, New Jersey became the twelfth state to enact social media password protection legislation, continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted, personal social media content of applicants and employees.1 The new law becom

We are now in the last two weeks of the 2013 California legislative session. August 30 was the formal deadline for any bills to be acted upon to clear the fiscal committees of either house this session. From here on out, according to the legislative calendar, there will be floor sessions only -- no

New Jersey has joined 12 other states in enacting a law that prohibits employers from requiring or requesting access to employees’ and applicants’ personal social media accounts. While New Jersey employers may continue to access and use any information about current employees and job hopefuls in the

On August 19, 2013, New Jersey enacted legislation implementing the federal Trade Adjustment Assistance Extension Act, which penalizes employers who fail to timely respond to requests for information from state unemployment offices. The legislation amends New Jersey’s Unemployment Compensation Law a

An employer that delays invoking its rights under an arbitration clause runs the risk of waiving those rights. The New Jersey Supreme Court, in Cole v. Jersey City Medical Center (A-6-12) (070542), has held an employer waived its contractual right to arbitration where the company failed to raise arb