State Employment Law Articles

The Massachusetts Supreme Judicial Court recently held that the Massachusetts Independent Contractor Law may apply to individuals who perform services outside of Massachusetts for a Massachusetts company. The decision, Taylor v. Eastern Connection Operating, Inc., significantly expands the potential

Effective November 1, 2013, Seattle, Washington will join various other jurisdictions (most recently Minnesota, Indiana, North Carolina and Buffalo, New York) that limit inquiries into and the use of criminal records for employment purposes.1 On June 10, 2013, the Seattle City Council adopted Counci

Your Vice President of Sales announces that she is leaving to work for your biggest competitor. She signed a noncompetition agreement when she joined the company five years ago as a junior sales associate. Can you get an injunction preventing her from competing with your company? In Massachusetts, t

On May 24, 2013, Minnesota Governor Mark Dayton signed into law a bill that the plaintiff's bar is likely to argue expands the scope of whistleblower protections for both public and private sector employees under the Minnesota Whistleblower Act ("MWA"). The bill, originally touted as a narrow expans

Nevada Governor Brian Sandoval has signed legislation limiting employers’ access to employees’ and job applicants’ consumer credit report and related information. Under the measure (SB 127), effective October 1, 2013, employers in Nevada may not “suggest, request, require or cause” employees or appl

On May 22, 2013, Oregon Governor John Kitzhaber signed into law House Bill 2654, making Oregon the tenth state to enact a law prohibiting employers from accessing employees' private social media sites. The new law, which becomes effective January 1, 2014, makes it an unlawful employment practice for

A recent decision from a North Carolina Court of Appeals could affect the enforceability of employment agreements between staffing companies and temporary employees. In Phelps Staffing, LLC v. C. T. Phelps, Inc., 740 S.E.2d 923 (N.C. Ct. App. Apr. 16, 2013), the court found a staffing company’s non-

Los Angeles County must provide the union representing its employees under an “agency shop” agreement with the home addresses and telephone numbers of all county employees, including non-union employees, the California Supreme Court has ruled. County of Los Angeles v. Los Angeles County Employee Rel

California law prohibits “use it or lose it” vacation policies. Under the California Labor Code (Section 227.3), employers must pay terminated employees all accrued vacation, “unless otherwise provided by a collective bargaining agreement.” Examining the meaning of the collective-bargaining-agreemen

Washington Governor Jay Inslee on May 21, 2013, signed Washington’s social media privacy bill, banning employers from requesting user names and passwords of current or prospective employees’ personal social media accounts. The bill (SB 5211) was passed unanimously by the Washington State Legislature

Executive Summary: The California Legislature has enacted a new law that requires certain businesses in the hospitality, transportation, and healthcare industries to post public notices regarding slavery and human trafficking or face stiff penalties. This new law became effective on April 1, 2013 an

Last year, Governor Cuomo signed into law new legislation, effective November 2012, which amended New York Labor Law section 193 to permit employers to make deductions for wage overpayments due to mathematical or clerical errors and for repayments of salary or wage advances.1 However, under the new

A California federal court recently dismissed a lawsuit seeking a declaration that a non-compete agreement is unenforceable under California law, upholding the parties’ Washington forum selection clause. Meras Engineering, Inc. v. CH20, Inc., No. C-11-0389 EMC (N.D. Cal. Jan. 14, 2013). CH20 is a Wa

On Tuesday, May 28, 2013, the Common Council of the City of Buffalo followed the lead of New York City, Newark, and Philadelphia, when it passed its own “ban the box” ordinance by a vote of 7-2. The ordinance, which amends Chapter 154 of the Code of the City of Buffalo, and which passed by enough vo

A new Tennessee law prohibits local governments from requiring private employers to provide more generous health insurance benefits, leave policies, hourly wage standards or prevailing wage standards than that required by state or federal law as a condition of doing business in the locality. Signed

On May 25, 2013, Nevada Governor Brian Sandoval signed a new law making Nevada the third state in the last 12 months to enact legislation restricting use by employers of credit reports and other credit history information for hiring and other employment-related purposes. Nevada's new law, which goes

Tennessee Governor Bill Haslam has signed into law a bill allowing the Tennessee Department of Labor and Workforce Development to impose penalties on construction companies that avoid paying workers’ compensation premiums by misclassifying workers. The bill’s sponsor, State Senator Bill Ketron, said

Executive Summary: On May 28, 2013, Tennessee Attorney General Bob Cooper released an Opinion addressing the question of whether Tennessee's Safe Commute Act "prohibits an employer from terminating an at-will employee who brings a firearm or firearm ammunition onto the employer's property?" Accordin

Puerto Rico Governor Alejandro García Padilla has signed legislation barring employers from discriminating against any employee or employment candidate on the basis of his or her sexual orientation or gender identity. Senate Bill No. 238, signed May 29, 2013, amends Puerto Rico’s Anti-Discrimination

Colorado Governor John Hickenlooper has signed legislation limiting employer access to employees’ and job applicants’ private social media information. Under the measure (HB 13-1046), effective upon signing on May 11, 2013, employers in Colorado may not “suggest, request or require” or cause employe