State Employment Law Articles

The inevitable disclosure doctrine is a common law doctrine that has been used by some courts to prevent a former employee from working for a competitor, even in the absence of a non-compete, because the former employee’s new job duties would inevitably require him to rely upon, use or disclose his

That alleged sexually explicit behavior was directed at both men and women is irrelevant in determining the existence of a hostile work environment under the Minnesota Human Rights Act, the Minnesota Supreme Court has held. Rasmussen v. Two Harbors Fish Company d/b/a Lou’s Fish House et al., No. A11

Minnesota Governor Mark Dayton has signed a law permitting civil marriage between any two consenting persons, including same-sex couples. The new law becomes effective on August 1, 2013.

Alabama Governor Robert Bentley has signed amendments to the state gun law to limit employers’ ability to restrict employee possession of firearms in employers’ parking areas. The new law (SB 286), signed on May 20, 2013, becomes effective on August 1, 2013.

Vermont Governor Peter Shumlin on May 14, 2013, approved amendments to the state’s equal pay law to promote gender pay equity and foster more “family friendly” workplaces by protecting employees who share wage information with their co-workers and by requiring employers to consider requests for flex

On May 6, 2013, Colorado Governor John Hickenlooper signed into law the Job Protection and Civil Rights Enforcement Act Of 2013 (Act), which amends the Colorado Anti-Discrimination Act (CADA), the state law prohibiting employment discrimination because of disability, race, creed, color, sex, sexual

Is an insurance adjuster who is paid $29 for every hour worked an employee exempt from overtime pay under California law?

Reversing the denial of class certification in an action for meal and rest period violations and unpaid overtime under California law brought by private security guards, the California Court of Appeal has ruled that the plaintiffs’ claims were amenable to class treatment because they alleged that th

Executive Summary: Your friends may refuse to hang out with you because of your spouse, but in Minnesota, your employer generally cannot. On May 20, 2013, the Minnesota Court of Appeals issued the first Minnesota appellate decision addressing marital discrimination under the Minnesota Human Rights A

The Senate of the Commonwealth of Puerto Rico has approved a bill prohibiting discrimination on the basis of sexual orientation or gender identity in the public and private sectors. Senate Bill No. 238 includes an amendment to Puerto Rico’s Anti-Discrimination Statute, Act No. 100 of June 30, 1959,

The New York State Department of Labor (NYSDOL) has issued proposed regulations to guide compliance with a recent state statute expanding the scope of permissible wage deductions in New York as of November 6, 2012. The public is invited to comment on the proposed regulations until July 6, 2013. Alon

Virginia has enacted two new laws that are intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. One law guarantees the right to vote in a secret ballot election. The other law limits those situations in which an employer may be required to disclo

Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not (1) inquire into or consider or require disclosure of criminal record inf

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant employees with certain reasonable accommodations beyond the requirements of t

Texas has joined 47 other states and the District of Columbia in adopting the Uniform Trade Secrets Act. The new law, Texas Senate Bill 953, which will go into effect on September 1, 2014, provides a number of protections for trade secrets in Texas. New Jersey most recently enacted a law to protect

Colorado Governor John Hickenlooper has signed legislation that greatly expands remedies available to employees bringing workplace discrimination claims under the Colorado Anti-Discrimination Act (“CADA”). Under the Job Protection and Civil Rights Enforcement Act of 2013 (HB 1136), signed on May 5th

A new law signed by Governor Mark Dayton will significantly change how Minnesota employers gather and use information about job applicants’ criminal history. The new “ban the box” law, referring to the criminal history check-off box found on many employment applications, will prohibit private employ

Executive Summary: On March 14, 2013, Tennessee governor Bill Haslam signed into law the "Tennessee Safe Commute Act." The new law, which takes effect July 1, 2013, will allow handgun carry permit holders to store firearms and ammunition in their vehicle no matter where they are parked. With approxi

Indiana Governor Mike Pence has signed into law legislation permitting individuals arrested or convicted of certain crimes to have those records expunged. In addition, the new law (House Enrolled Act 1482) prohibits an employer from discriminating against any person because a conviction or arrest re

Colorado Governor John Hickenlooper has signed into law the “Family Care Act” (“FCA”), expanding coverage of job-protected medical leave to include an employee’s partner in a civil union or domestic partner. The FCA will take effect on August 7, 2013. However, if a referendum petition is filed again