State Employment Law Articles

The Wage Theft Prevention Act (“WTPA”), passed in 2011, requires employers to provide employees with an annual notice regarding their compensation and other terms of employment. The notice must be provided to all employees between January 1 and February 1 of each year, regardless if they previously

The following chart lists the major pieces of employment legislation introduced in the California State Senate and Assembly during 2012 that were signed into law by Governor Jerry Brown. All of the bills listed become effective January 1, 2013.

On November 6, 2012, Colorado voters passed Amendment 64 to the Colorado Constitution by a 55 to 45 percent margin, making Colorado one of the first states in the nation to legalize the recreational use of marijuana. Prior to Election Day, 17 states—including Colorado and the District of Columbia—ha

On November 20, 2012, in a reversal significant for Ohio employers with workplace injuries, the Ohio Supreme Court held, in Hewitt v. L.E. Myers, that an employee's failure to use, or the employer's failure to require an employee to wear, personal protective equipment does not constitute a deliberat

Beginning in 2011, Texas law prohibits most public and private employers from preventing employees who otherwise lawfully possess a firearm or ammunition from transporting or storing those items in a locked, privately owned motor vehicle in employer-provided parking areas. Texas employers may not im

In Preferred Systems Solutions, Inc. v. GP Consulting, LLC, Nos. 11906, 11907 (Sept. 14, 2012), the Supreme Court of Virginia, for the first time, defined how to calculate damages for the breach of a noncompete provision where the breach resulted in the loss of an expected contract

California Governor Jerry Brown has signed into law new requirements specifying when and how employers must respond to their employees’ requests for inspection and copying of their personnel files. The new requirements become effective January 1, 2013.

Under California law, employers’ timekeeping policy that rounds employee punch-in and -out times to the nearest one-tenth of an hour is permissible, the California Court of Appeal has ruled. See’s Candy Shops, Inc. v. Superior Court, No. D060710 (Cal. Ct. App. Oct. 29, 2012). Previously, no Californ

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

A workplace policy requiring all employees who self-identify as in need of substance abuse treatment to submit to random alcohol testing following their return to work constitutes disability discrimination on its face, according to a recent published decision of the New Jersey Appellate Division, A.

By a two-to-one ratio, voters in the City of Albuquerque decided in the November 6 General Election to amend The Albuquerque Minimum Wage Ordinance to raise the City’s minimum wage from $7.50 per hour to $8.50 per hour effective January 1, 2013. The amended Ordinance also requires a cost-of-living (

The New Jersey state Senate has advanced a key workplace measure that may significantly affect employers in the Garden State. In a unanimous 38-0 vote, the Senate has brought New Jersey one step closer to becoming the fourth state to limit employers’ access to the social networking accounts of curre

At this month's general election, 59 percent of the voters in the City of San Jose, California approved an initiative measure to institute a $10 per hour minimum wage for covered employers and employees. The ordinance1 will take effect in early 2013, raising San Jose's minimum wage to two dollars an

Washington's highest court has ruled that missed paid rest breaks count as "hours worked" that trigger overtime obligations for employers. According to the court, employers must add missed rest break time to their employees' hours actually worked, and pay an overtime premium for any resulting hours

In a case that will impact employers whose employees use their own vehicles for work, the California Supreme Court is about to address whether an employer’s insurance covered a deadly automobile accident caused by an employee driving his own car. American States Ins. Co. v. Ramirez, No. S205073 (Cal

North Dakota residents voted on November 6th to expand the statewide ban on smoking in enclosed public places and places of employment to include bars, hotel rooms and other locations previously exempt from the law’s coverage. When “Measure 4” takes effect on December 6, 2012, it also will prohibit

In VanBuren v. Grubb, No. 120348 (Nov. 1, 2012), a sharply divided Supreme Court of Virginia surprised employers by holding that a common law tort action for wrongful discharge in violation of public policy may be brought against an individual manager or supervisor.

Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012,” amends the Colorado state constitution to allow persons over 21 to possess up to one ounce of marijuana and grow up to six marijuana plants for personal use. It also authorizes the licensing of retail facilities for sales of marijuana t

Washington State voters have agreed to allow the sale and possession of small amounts of marijuana. Individuals who are 21 years and older may lawfully purchase and possess up to one ounce of useable marijuana, or larger amounts of marijuana-infused products, at licensed retail outlets that have bee

The Vermont Department of Labor has announced that, effective January 1, 2013, the state minimum wage will increase from $8.46 to $8.60 per hour for non-exempt employees. Additionally, the minimum wage for tipped employees increases from $4.10 to $4.17 per hour. Moreover, the maximum tip credit empl