State Employment Law Articles

Illinois has become the final state to authorize the carrying of concealed firearms by properly licensed private persons. The Illinois Legislature overrode Governor Pat Quinn’s amendatory veto of the state Firearm Concealed Carry Act on July 9, 2013. Although the Act became effective immediately, th

Under new law signed by Louisiana Governor Bobby Jindal, employers are prohibited from discharging, disciplining, or otherwise discriminating against veterans for taking time off from work to attend medical appointments necessary to obtain veteran’s benefits. The new law takes effect on August 1, 20

A recent case from a California state appeals court reinforces the importance of having counsel review and revise arbitration agreements early and often. In Avery v. Integrated Healthcare Holdiings, the state appellate court affirmed a lower court’s refusal to compel arbitration in an overtime class

Minnesota’s Supreme Court and its Court of Appeals have long followed federal cases in interpreting state civil rights laws analogous to Title VII of the Civil Rights Act (the federal anti-discrimination law), such as the Minnesota Human Rights Act and Minnesota’s Whistleblower Act. Thus, in retalia

Executive Summary: Yet another domino has fallen in the changing landscape of immigration law.

On June 26, 2013, the New York Court of Appeals issued a decision concerning who may lawfully participate in a restaurant tip-sharing system. The state’s highest court stated that for employees to receive tips from a tip-sharing arrangement, they must perform, or assist in performing, personal servi

In an extremely rare decision, the New York State Court of Appeals has granted reargument. In Auqui v. Seven Thirty One Ltd. Partnership, the court granted reargument of its prior ruling that granted the defendants’ motion to preclude plaintiffs from litigating the issue of the injured plaintiff’s a

The New York City Council has voted to require employers to provide their workers with sick days, overriding Mayor Michael Bloomberg’s veto. The legislation requires New York City private-sector employers, outside of the manufacturing industry, to provide paid (or unpaid, for certain employers) sick

Settling a hotly debated issue, a unanimous Iowa Supreme Court has ruled that plaintiffs bringing claims under the Iowa Civil Rights Act (“ICRA”) may not recover punitive damages. Ackelson v. Manley Toy Direct, LLC, et al. and Drake, et al. v. Manley Toy Direct, LLC, et al., No. 12-0442 (Iowa June 2

A New Jersey federal court recently granted a defendant-company’s motion to compel arbitration pursuant to a non-compete agreement between the plaintiff-company and two former employees who had discontinued employment with the plaintiff and went to work for the defendant. The case is Precision Fundi

The Connecticut Personnel Files Act gives employees in the state the right to inspect their personnel files. Governor Dannel Malloy has signed into law significant amendments to the Act that become effective October 1, 2013. Senate Bill 910 creates a distinction between current and former employees

Two recent appellate decisions in Massachusetts further expand the reach of the state’s Payment of Wages Law (“Wage Act”), which imposes significant penalties for violations, including mandatory treble damages and attorneys’ fees.

Delaware Governor Jack Markell has signed the Gender Identity Nondiscrimination Act, making Delaware the 17th state to enact law prohibiting gender identity discrimination. The Act adds gender identity to the list of protected classes under Delaware law prohibiting discrimination and hate crimes. Ef

On the final day of the most recent Connecticut legislative session, the General Assembly passed a bill titled “An Act Concerning Employer Use of Noncompete Agreements” (the Act). Despite the broadly worded title, the ostensibly narrow focus of the Act is to restrict the use of non-compete agreement

Philadelphia Mayor Michael Nutter has signed into law an ordinance that significantly enhances the rights and protections afforded the lesbian, gay, bisexual and transgender community and makes Philadelphia the first city in the United States to provide tax incentives for businesses to offer LGBT-in

Connecticut has added several burdensome obligations to state statutes that give employees the right to inspect, copy and rebut their personnel files. At the urging of legal aid lawyers and other employee advocates, the legislature passed Public Act No. 13-176 (the Act) despite strong opposition fro

Oregon Governor John Kitzhaber on June 13, 2013 signed into law a bill extending employment discrimination protection to interns. The new law grants unpaid interns legal recourse under Oregon's employment discrimination laws for workplace violations including sexual harassment, unlawful discriminati

The Minnesota Legislature and Governor Mark Dayton have enacted amendments to the Minnesota Whistleblower Act that likely will widen the door to whistleblower claims against Minnesota employers. The Act (Minn. Stat. §181.932) prohibits employers, regardless of size, from taking adverse action agains

In response to our June 6, 2013 Restaurant Industry Newsletter, we received several questions about whether California's human trafficking statute applies to all restaurants and drinking establishments. As a result, we are providing the following answers as a guide to help you determine whether you

Connecticut Governor Dannel P. Malloy has signed two laws expanding benefits and protections to veterans. The first would reinstate eligibility for state benefits to any veterans discharged from the armed services, regardless of discharge classification, who were denied benefits solely based on thei