State Employment Law Articles

The Rhode Island Department of Health now requires seasonal flu vaccines for all health care workers, including volunteers, who have direct patient contact. Health care workers may obtain a medical exemption from the requirement. Health care workers also may refuse to be vaccinated, but they must pr

Executive Summary: On September 27, 2012, two members of the New Jersey Assembly introduced Assembly Bill 3310, which authorizes the New Jersey Department of Labor and Workforce Development (NJDOL) to investigate, mediate and prosecute claims by certain independent contractors that they were not pro

After a series of alleged incidents reported in the news media of employers (principally public employers) requesting or requiring access to employees' or applicants' personal social media accounts, legislators around the country rushed to introduce legislation in response to the public outcry. Mary

An employee who was terminated after testing positive for marijuana (which he obtained and used pursuant to Michigan’s medical marijuana law) has stated no legal claims against his employer, the U.S. Court of Appeals for the Sixth Circuit has ruled. Casias v. Wal-Mart Stores, Inc., No. 11-1227 (6th

California Governor Jerry Brown recently signed into law AB 2492, amending California’s False Claims Act to better conform it to requirements of the federal False Claims Act.1 In addition to amending definitions of “conduct” that would fall under the provisions of the new law, civil penalties are al

Ruling a recruiter was a commissioned salesperson because his job involved sales and his compensation was based on those sales, the California Court of Appeal, Fourth Appellate District, has rejected an employee’s claims for unpaid overtime and meal period premium pay against his employer on behalf

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

New Jersey may soon join the ranks of other states that prohibit or seriously limit an employer’s right to request a current employee or applicant’s password, username, or similar information to social media websites such as Facebook. Unfortunately, the proposed New Jersey legislation as currently w

Governor Cuomo signed into law amendments to Article 193 of the New York Wage Deduction Law which will permit employers to take additional lawful deductions from employees’ paychecks. The law will take effect on November 8, 2012.

The New Jersey State Assembly has passed and Governor Chris Christie has signed into law a bill that will increase the requirements for employers to provide notice to employees of laws protecting them from wage and other discrimination because of gender. The new law (A2647) supplements the New Jerse

The favorable outcome for some employers in Arechiga v. Dolores Press, 192 Cal. App. 4th 567 (2011), which we previously discussed, has been undone by the California Legislature. In Arechiga, a California Court of Appeal ruled that a non-exempt employee’s salary could provide compensation for more t

The Ohio Supreme Court has recognized a limited exception to the state’s general rule that a discharged employee must notify his former employer within 90 days of termination of the employee’s intent to file a retaliatory discharge lawsuit under Ohio’s workers’ compensation act (R.C. 4123.90). Resol

In its first change to the state statute on inspection of personnel files since the law was enacted a dozen years ago, the California Legislature passed, and Governor Jerry Brown signed on September 30, a bill that significantly changes the rights of current and former California employees, and the

The members of the California State Senate and Assembly introduced 1,899 bills this year, and the legislature passed and sent to the governor 568 of them. On September 30, Governor Jerry Brown completed his work of signing or vetoing the bills presented to him.

Executive Summary: On Friday, September 21, 2012, New Jersey Governor Chris Christie signed into law a "Gender Pay Parity" bill that imposes a new notice posting requirement on covered employers. The governor rejected a second bill that would have increased reporting requirements for public contract

In a much-anticipated ruling, the Connecticut Supreme Court has held that employers in Connecticut are not subject to the provisions of the Connecticut Family and Medical Leave Act unless they employ at least 75 employees within the state. Velez v. Commissioner of Labor, et al., Nos. SC 18683 & 1868

California Governor Jerry Brown has signed “The Workplace Religious Freedom Act of 2012” (WRFA) into law. The new law amends the religious discrimination portions of the California Fair Employment and Housing Act (“CFEHA”) to include more stringent religious accommodation requirements for employers

California Governor Jerry Brown has signed into law a bi-partisan measure that seeks to curb rampant, frivolous Americans with Disabilities Act access lawsuits in the state and expand access to businesses for those with disabilities. This is good news for California businesses. The state reportedly

California’s statutory ban on non-competes contains an exception for covenants given in connection with the sale of a business and its goodwill. The exception in California Business and Professions Code section 16601 (the “16601 exception”) was created to protect a buyer’s interest in enjoying the g

Explaining that whether sexual harassment occurred is a legal determination under the Minnesota Human Rights Act, the Minnesota Court of Appeals has reversed a trial court’s dismissal of three employees’ suit for hostile work environment against their employers. Rasmussen v. Two Harbors Fish Co., No