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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Tennessee - General

Unexpected Use of Tennessee Workplace Violence Act

Jackson Lewis P.C.·

A revision to the Tennessee Workplace Violence Act has seen an unexpected use — to seek a temporary restraining order to prohibit a co-employee’s access to the workplace. The Tennessee Workplace Violence Act (Tenn. Code Ann. § 20-14-101) was amended in 2011 to allow any employer or employee who has

New Jersey - General

New Jersey Law Requires Covered Employers to Provide Domestic Violence Leave

Littler·

On July 17, 2013, Governor Chris Christie signed into law the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). New Jersey joins 15 states, the District of Columbia, and a handful of local governments in providing victims of domestic violence or sexual assault with the right to take u

New Jersey - General

New Jersey Employers Must Provide Unpaid Leave to Victims of Domestic Violence under New Law

Jackson Lewis P.C.·

Effective October 1, 2013, New Jersey employers will be required to provide up to 20 days of unpaid leave during any 12-month period for an eligible employee who is the victim of domestic violence or sexual assault or whose child, parent, spouse, domestic partner or civil union partner was the victi

Oregon - General

Amendments to Oregon’s Domestic Violence Leave Law Extend Coverage to Part-Timers, New Employees

Jackson Lewis P.C.·

Effective January 1, 2014, Oregon’s domestic violence leave law (Or. Rev. Stat. § 659A.270) will apply to all employees who are victims of domestic violence, harassment, sexual assault or stalking, regardless of the number of hours worked per week or length of time worked for the employer. Previousl

Illinois - Restrictive Covenants

Noncompete News: Illinois Appellate Court Finds Restrictive Covenant Unenforceable; Continued Employment of at Least Two Years Required

FordHarrison·

In a decision handed down June 24, 2013, the Illinois Appellate Court, First District, found a restrictive covenant unenforceable due to lack of adequate consideration. Although this is not the first time an Illinois court has held that there must be at least two years of continued employment to con

Minnesota - General

Minnesota Expands Sick Leave

Jackson Lewis P.C.·

Minnesota employers that offer employees sick leave benefits have long been required to allow their employees to use such benefits to care for not only themselves, but also for their sick or injured children.

California - Fair Employment And Housing Act

California Employers, 2013 is Training Year for Sexual Harassment Prevention

Jackson Lewis P.C.·

The deadline for training under AB 1825, the California law designed to instruct supervisory employees and managers in the prevention of sexual harassment at the worksite, is December 31, 2013.

New Jersey - General

Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Nov. 1, 2013, Employers Must Provide 20 Days' Leave for Victims

FordHarrison·

Executive Summary: A bill providing protected leave to victims of domestic violence or sexual assault has been signed into law and is expected to take effect on November 1, 2013. The new law will require New Jersey employers with 25 or more employees to provide 20 days of job-protected leave to elig

New York - General

New York Renews Binding Arbitration for Three More Years

Goldberg Segalla·

In 1974, the State of New York amended its law on collective bargaining for public employees (the Taylor Law) by imposing compulsory interest arbitration to resolve bargaining impasses in police officer and firefighter bargaining units. This amendment to the Taylor Law was intended to be temporary,

Illinois - Restrictive Covenants

Illinois Appellate Court Finds Insufficient Consideration Where Employer Relied on Under Two Years Employment in Support of Noncompetition and Nonsolicitation Agreements

Littler·

On June 24, 2013, the Illinois Appellate Court for the First District (encompassing Cook County and Chicago) decided Fifield v. Premier Dealer Services, Inc., Case No. 1-12-0327 (June 24, 2013). The court found that Premier Dealer Services’ (Premier) offer of at-will employment at the onset of the p

New Jersey - Law Against Discrimination

Legal Alert: New Jersey Supreme Court Eases Employee Retaliation Claims

FordHarrison·

Executive Summary: Right after the U.S. Supreme Court issued decisions favoring employers in a variety of employee lawsuits based on federal statutes, including retaliation under Title VII, the New Jersey Supreme Court has moved that state in the opposite direction under its corresponding statutes,

Rhode Island

Rhode Island Enacts "Ban the Box" Law Prohibiting Employment Application Criminal History Inquiries Until the First Job Interview

Littler·

Effective January 1, 2014, a recent amendment to Rhode Island law will restrict the timing of pre-employment inquiries by Rhode Island employers about a job applicant's criminal past. Employers who are covered by the law may not inquire about an applicant's prior criminal history until during or aft

Oregon - General

Oregon Becomes the First State to Require Bereavement Leave

Littler·

Effective January 1, 2014, Oregon will become the first state to require certain private sector employers to provide bereavement leave to their covered employees. The new law amends the Oregon Family Leave Act (OFLA) and applies to employers and employees already covered under that Act.

Connecticut - Wage & Hour

Connecticut to Increase Minimum Wage in 2014 and 2015

Jackson Lewis P.C.·

Governor Dannel P. Malloy has signed legislation to increase Connecticut’s hourly minimum wage over two years by $.75 to $9.00 by January 1, 2015.

Nevada - General

New Nevada Law Restricts Employer’s Access to Personal Social Media Accounts of Employees, Job Applicants

Jackson Lewis P.C.·

Nevada has become the latest state to enact legislation restricting an employer’s access to employee and prospective employee personal social media accounts. The new law (Assembly Bill No. 181) prohibits Nevada employers from conditioning employment on disclosure of an applicant’s or employee’s pers

Maryland

Maryland Enacts Leave Law for Family of Armed Service Members

Jackson Lewis P.C.·

Effective October 1, 2013, Maryland employers must provide employees with one day of unpaid leave to be used on the day the employee’s “immediate family member” is leaving for or returning from active military duty outside the United States as a member of the armed forces. “Immediate family member”

Massachusetts - General

Class Action Waivers in Arbitration Agreements in Massachusetts

Littler·

A flurry of new decisions from the Massachusetts Supreme Judicial Court (SJC) and the U.S. Supreme Court have approved the use of class action waivers in arbitration agreements. These decisions affirm that employers in Massachusetts can dramatically reduce their exposure to employment law class acti

Washington State - General

The Pacific N.W. Employer Summer 2013

Jackson Lewis P.C.·

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

California - Wage & Hour

Security Guards’ Weekend On-Call Time was Non-Compensable Sleep Time, California Court Rules

Jackson Lewis P.C.·

Security guards who worked 24-hour weekend shifts were not entitled to compensation for eight hours of sleep time, the California Court of Appeal has ruled. Mendiola v. CPS Security Solutions, Inc., No. B240519 (Cal. Ct. App. July 3, 2013). Reversing a preliminary injunction ordering the employer to

Connecticut - General

Connecticut's Governor Vetoes Restrictive Non-Compete Bill Due to Lack of Clarity

Littler·

On Friday, July 12, 2013, Connecticut's Governor Dannel P. Malloy vetoed a bill that would have restricted the use of non-compete agreements in the context of mergers and acquisitions. The proposed bill, "An Act Concerning Employer Use of Noncompete Agreements," Public Act No. 13-309 (the Act), woul