State Employment Law Articles

Chicago has added teeth to existing wage laws by stiffening penalties for employers engaged in “wage theft.” Wage theft is broadly defined as violating wage laws, for example, by failing to pay workers overtime or minimum wage.

Executive Summary: New Jersey Governor Chris Christie has conditionally vetoed a $1.25 minimum wage hike, instead proposing a $1.00 increase that will phase in over three years.

In a rare twist, New York Governor Andrew Cuomo’s recent proposed changes to workers’ compensation in New York have earned praise from both the business side and the labor side.

The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert qualifications required for the valuation of equity following the termination of the ch

Providing needed guidance on workplace defamation, the Minnesota Supreme Court has clarified that both “minor inaccuracies of expression” and statements of opinion that cannot be proven true or false are not defamatory as a matter of Minnesota common law. McKee v. Laurion, No. A11-1154 (Jan. 30, 201

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a plaintiff puts his mental health at issue by alleging emotional distress . . . [

Two recent bills introduced in the current session of Nebraska’s Unicameral Legislature would affect employers in Nebraska by imposing additional obligations on them to employees and applicants.

Non-compete restrictions are creations of state law, which can sometimes vary on key aspects of contract formation and enforceability. One of those aspects is the extent to which states will reform or "blue pencil" the language of the restrictions. In many states a court will rewrite the terms of th

Overruling more than 30 years of precedent, the Pennsylvania Supreme Court has ruled that the “voluntary layoff” provision of the Pennsylvania Unemployment Compensation Law permits employees to receive unemployment compensation benefits when they accept an early retirement incentive offered as part

In January 2012, New Jersey enacted its version of the Uniform Trade Secrets Act (UTSA). On December 7, 2012, in SCS Healthcare Marketing, LLC v. Allergan USA, Inc., a New Jersey Superior Court recognized that the New Jersey Trade Secrets Act (NJTSA) modifies the Uniform Trade Secrets Act to preserv

The City of Portland is considering an ordinance mandating that protected sick leave rights be extended to virtually all employees in the City. If passed, Oregon private-sector employers would join those in San Francisco, California, and Washington, D.C., in being required to provide employees with

North Dakota has one of the fastest-growing workforces in the country as the result of recent advances in extracting natural gas and oil. As more employers seek to hire in or transfer employees to the Peace Garden State, many are surprised to discover that North Dakota law prohibits non-compete agre

Effective January 31, 2013, temporary staffing agencies in Massachusetts must provide temporary employees with written notice of certain information before the employees can go to a new assignment for work. The new law also prohibits staffing agencies from charging temporary employees for certain it

In the latest chapter of an ongoing dispute between Aon Risk Services and Alliant Insurance Services (stemming from Alliant’s hiring of dozens of Aon employees and accepting millions in annual revenue from former Aon clients), on January 10, 2013, the New York State Supreme Court, Appellate Division

The Iowa Supreme Court has ruled that the Iowa Civil Rights Act does not protect a dental assistant who was terminated by the owner of a dental practice for being an “irresistible attraction.” The decision in Nelson v. James H. Knight, DDS, P.C., No. 11-857 (Dec. 21, 2012), has attracted a lot of me

A new Michigan law signed by Governor Rick Snyder prohibits employers and prospective employers from requiring employees and applicants to grant access to, allow observation of, or disclose information used to access private Internet and e-mail accounts, including social media networks such as Faceb

Since both the California Department of Fair Employment and Housing and the federal Equal Employment Opportunity Commission have reported a significant rise in religious discrimination cases in 2011 and 2012, Assembly Bill 1964, otherwise known as the California Workplace Religious Freedom Act of 20

In a highly watched case, the California Supreme Court has ruled that unions may continue to engage in “peaceful” picketing and other otherwise lawful union activities on an employer’s private property during a labor dispute and that two California anti-injunction statutes regarding labor activities

In a split decision, the California Supreme Court has upheld the constitutionality of two statutes that restrict state court injunctions against picketing by labor unions on private property. Ralphs Grocery Co. v. United Food and Comm. Workers Union Local 8, No. S185544 (Cal. Dec. 27, 2012).1 Althou

The New Jersey Department of Labor and Workforce is proposing new workplace notification rules requiring employers with at least 50 employees to post conspicuously a notification informing workers of their rights to be free from gender inequity or bias in pay, compensation, benefits, or other employ