State Employment Law Articles

A Federal Court in Nebraska issued a preliminary injunction enforcing an employee non-compete agreement in a case that explains, for the first time, what a Nebraska court may consider “solicitation.” The case, Farm Credit Services of America v. Opp, No. 8:12-cv-382 (D. Neb. 2013), involved a crop in

After significant lobbying and legislative haggling, Governor Andrew Cuomo on March 29, 2013, signed legislation that increases the New York State minimum wage rate starting December 31, 2013. This is New York’s first minimum wage increase since July 24, 2009, when it was increased to match to feder

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

The New York State Court of Appeals had good news for municipal employers in the state when it clarified a provision of the 2009 law that created a contributory tier for newly hired police and firefighters in the state. In two decisions issued on April 2 of this year the New York State Court of Appe

Philadelphia Mayor Michael A. Nutter has vetoed legislation that would require local employers to provide paid sick leave to their employees.

Legislation under consideration in Indiana would require all public and charter schools to have a trained, armed “school protection officer” on the school’s premises during regular school hours. If adopted, the legislation (Ind. S.B. 1, as amended, Apr. 2, 2013) would be the first in the nation to r

New Mexico’s new equal pay law, the Fair Pay for Women Act (“FPWA”), prohibits wage discrimination based on an employee’s sex and allows employees to bring wage discrimination claims directly in court, without first filing with any administrative agency. Signed by Governor Susan Martinez, the FPWA a

Human trafficking is one of the 21st century’s buzz phrases. There is some disagreement on exactly what human trafficking means, but regardless of precisely how it is defined, it is widely accepted as a detrimental practice that should be stopped. Accordingly, a wide variety of local, national and i

Class certification is unwarranted where auto center managers and assistant managers alleged they were improperly classified as exempt and denied overtime and meal and rest breaks in violation of the California Labor Code, the California Court of Appeal has ruled. Affirming a trial court determinati

In a recent decision with profound implications for defending workers’ compensation claims in New York, the Court of Appeals reversed the First Department and held that the doctrine of collateral estoppel bars a plaintiff from litigating duration of disability in New York State Supreme Court when th

An employee’s claim of sexual orientation harassment is not viable under the Ohio Civil Rights Act, which prohibits discrimination because of sex, the Ohio Court of Appeals has ruled. Inskeep v. Western Res. Transit Auth., 2013-Ohio-897 (Ohio Ct. App. Mar. 8, 2013).

An on-call surgical technician injured while driving home after assisting with an emergency surgery at a hospital was eligible for workers’ compensation benefits, the Supreme Court of Tennessee has decided. Shannon v. Roane Med. Ctr., Tenn., No. E2011-02649-WC-R3-WC (Mar. 13, 2013). The Special Work

A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not spent performing auto repairs. See Gonzales v. Downtown LA Motors, LP, 201

In this podcast, Littler’s Christopher Cobey elaborates on employment laws that were recently passed in California. He provides insight on the significance of these laws for employers and human resources professionals and explains how they must comply in 2013.

On March 13, 2013, Portland’s City Council unanimously passed a sick leave ordinance that, effective January 8, 2014, will require private sector businesses with six or more employees to provide up to 40 hours per year of paid time off for sick leave. Businesses with less than six employees will be

Key Points: Recent California case law and new regulations stress the importance of the employer's duty to engage in the interactive process with disabled workers who require accommodation. Now more than ever, it is important for employers to review their current policies and procedures to ensure co

Following examples set by San Francisco to the South, and Seattle to the North, the Portland, Oregon, City Council unanimously passed Portland’s new sick leave ordinance. The new law imposes significant burdens on employers in addition to mandating up to 40 hours of annual sick leave. The new sick l

Since being approved in 1979, the Uniform Trade Secrets Act has been adopted, in some form or fashion, by 47 states. At least one Texas lawmaker hopes to make Texas the 48th to do so. With S.B. 953, a Dallas lawmaker seeks to codify existing Texas common law relating to misappropriation of trade sec

An employer’s dispute resolution program, stating that it was not “intended to violate or restrict any rights of employees guaranteed by state or federal laws,” did not give rise to the right to a jury trial, and so an employee was required to submit his age discrimination claim to binding arbitrati

New York City is joining other jurisdictions, such as New Jersey, Oregon and the District of Columbia, with a law prohibiting discrimination against the unemployed. The New York City Council, on March 13, 2013, by a vote of 44 to 4 overrode Mayor Michael Bloomberg’s veto of legislation amending the