State Employment Law Articles

In a case of first impression, the Virginia Supreme Court has ruled that supervisors and managers can be held individually liable for public policy wrongful discharge under Virginia common law. In VanBuren v. Grubb, No. 120348 (Nov. 1, 2012), the Court held that a former employee of a medical practi

The aftermath of Hurricane Sandy, and the one-year anniversary of Hurricane Irene, present unfortunate reminders to employers of the need to prepare effectively for the various employment-related issues posed by natural disasters. What follows are some frequently asked questions and answers (FAQ) to

When natural disaster strikes New Jersey, the Federal Disaster Unemployment Assistance program provides unemployment benefits to individuals who live or work in affected areas of New Jersey and become unemployed as a result of the damage. The process begins with the Governor making a request to the

Amendments to the California Labor Code impose new wage reporting requirements on “temporary services employers” and allow all employees to recover statutory penalties for violations, even where they suffer no actual loss in wages as a result of a deficiency in a wage statement.

California Labor Code sections 515.5 and 515.6 provide that certain computer software employees, as well as licensed physicians and surgeons, are exempt from state overtime requirements if they receive a minimum hourly, monthly, or yearly rate. The rate is determined annually based upon changes to t

Of the three marijuana-legalization voter initiatives on state ballots November 6, Washington Initiative 502 is the most likely to be adopted. Oregon’s Measure 80 is expected to be defeated by voters. Amendment 64 in Colorado is ahead in the polls, but the margin is narrowing and opposition among Co

Colorado voters are considering an amendment to the state constitution that would allow the “personal use and regulation of marijuana” for adults 21 and over. What matters most in the November 6th ballot initiative? The women’s vote. According to SurveyUSA polls, opposition against Amendment 64 amon

On October 18, 2012, the Illinois Supreme Court delivered a very important decision for Illinois employers in Lawlor v. North American Corporation of Illinois, Case No. 112530 (Oct. 18, 2012). The court not only confirmed that the tort of intrusion upon seclusion is recognized in Illinois, it also a

In a decision issued October 25, 2012, the New York Court of Appeals affirmed and extended one its most significant rulings in the recent past relative to public sector disciplinary proceedings for police officers.

The New York State Court of Appeals recently issued a decision holding that a written determination that a firefighter violated his fire department’s Code of Conduct and Equal Employment Opportunity (EEO) Policy, made after a lengthy internal investigation, may not be placed in the firefighter’s per

In See's Candy Shops, Inc. v. Superior Court, the California Court of Appeals for the Fourth Appellate District explicitly held that in California employers are entitled to use a timekeeping policy that rounds employee punch in/out times to the nearest one-tenth of an hour (a "nearest-tenth rounding

A human resources director who never signed her employer’s arbitration agreement, concealed that fact from her employer, and resigned her job could not be required to arbitrate her claims for wrongful termination and sexual harassment, the California Court of Appeal has ruled. Gorlach v. The Sports

In See’s Candy Shops, Inc. v. Superior Court, the California Court of Appeal for the Fourth Appellate District explicitly held that in California employers are entitled to use a timekeeping policy that rounds employee punch in/out times to the nearest one-tenth of an hour (a “nearest-tenth rounding

California Labor Code section 132a, the anti-retaliation provision of the state workers' compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs often argue at the demurrer stage that the California Supreme Court's decis

The Municipal Council of the City of Newark, New Jersey has passed a new ordinance designed to help individuals with criminal convictions find employment within the City of Newark. This ordinance, effective November 18, 2012, is different from many other cities’ ban-the-box ordinances in that it cov

Reconsidering and reversing its own decision, the Ohio Supreme Court now has decided an acquiring company in a merger could enforce employee non-compete agreements as if it had stepped into the shoes of the acquired company despite the absence of clear contract language to that effect. The Court, on

In a rare procedural move, the Ohio Supreme Court reconsidered and reversed its May 24, 2012 decision in Acordia of Ohio, L.L.C. v. Fishel, 2012-Ohio-2297 ("Fishel I"). At issue was the enforceability of restrictive covenants in employee noncompete agreements subsequent to a merger. In Fishel I, aff

Owner-operator truck drivers were not required to arbitrate whether they were misclassified as independent contractors in violation of the California Labor Code, where each of the parties’ arbitration agreements applied to any dispute that arose “with regard to its application or interpretation,” th

Effective November 18, 2012, most employers that operate in Newark, New Jersey must comply with a new ordinance1 broadly restricting their discretion to rely on criminal background records for employment purposes.

In New York Workers’ Compensation Case No. 00427749, the claimant, a driver, sustained injuries to her back, neck, right shoulder, face, and right thumb when she was rear-ended by a van in 2004. In addition to underscoring the requirements a claimant must meet to be classified with a permanent total