State Employment Law Articles

Executive Summary: Two new amendments to New York General Business Law Section 399-dd, commonly known as the Social Security Number Protection Law, have been passed for the purpose of further safeguarding employees' social security numbers. Signed into law by Governor Andrew Cuomo on August 14, 2012

In the latest decision concerning service charges and tips in the hospitality industry, the Maine Supreme Court recently addressed whether banquet wait staff may share a “service charge” paid by customers with other employees under Maine law without violating Maine’s tip credit statute. In Hayden-Ti

In a long-awaited ruling, the California Supreme Court held in April 2012 that employers need not ensure that their workers take meal and rest periods required by California law, but only that workers are provided the breaks. One effect of Brinker Restaurant Corp. v. Superior Court, welcomed by many

Expanding the scope of permissible deductions from wages under New York law, Governor Mario Cuomo, on September 7, 2012, has signed legislation amending New York Labor Law §193. This change was in reaction to a strict position taken by the New York State Department of Labor in recent years severely

On August 22, 2012, Governor Beverly Perdue issued Executive Order 125 establishing a task force to address concerns that North Carolina employers are allegedly misclassifying employees as independent contractors to avoid obligations under federal and state laws, including laws governing wage and ho

In a pair of recent decisions, the United States District Court for the Western District of Pennsylvania held that the “fluctuating workweek” method of calculating overtime is not lawful under Pennsylvania law when the employer pays an overtime premium of one-half of the employee’s regular hourly ra

A Connecticut state court recently found non-compete/non-solicitation agreements unreasonable and therefore unenforceable because the agreements did not protect any legitimate business interest. Creative Dimensions, Inc. v. Laberge is an unusual case in that the court found the agreements were reaso

In a significant victory for trucking companies operating in California, a superior court judge decertified a class of California truck drivers who challenged the legality of compensating drivers on a “combined” piece rate that covers both driving and non-driving duties, when compensation for the “p

In a significant victory for trucking companies operating in California, in Carson v. Knight Transportation, No. VCU234186, Tulare County Superior Court Judge Lloyd Hicks decertified a class of California truck drivers who alleged that it is illegal to have a "combined" piece rate – a piece rate tha

Affirming the dismissal of an employer’s claim for breach of a non-competition agreement, the California Court of Appeal has held that the agreement was void and unenforceable under California law although the parties entered into the agreement in connection with a business sale. Fillpoint, LLC v. M

The California Legislature has approved a pension reform bill endorsed by Governor Jerry Brown. The bill will impact retirement systems across the State, including the California Public Employees’ Retirement System (CalPERS), pension systems operating under the County Retirement Law of 1937 (“’37 Ac

Questioning the continuing viability of a California Supreme Court’s decision in light of recent U.S. Supreme Court holdings, the California Court of Appeal has vacated an order directing the parties to engage in a class arbitration of wage-hour claims, finding the employees, in any event, failed to

After months of waiting, California Governor Jerry Brown presented a sweeping package of pension reform measures to the California Legislature. The reform measures primarily affect the pension benefits available to government employees who are hired on or after January 1, 2013.

The Missouri Supreme Court rarely entertains non-competition cases. In Health Care Services of the Ozarks, Inc. v. Copeland, 198 S.W.3d 604 (Mo. 2006), the court enforced a non-solicitation of customers and a true non-competition agreement.

A federal appeals court in Atlanta has struck down portions of Georgia’s controversial “Illegal Immigration Reform and Enforcement Act” (H.B. 87) prohibiting the transportation, concealing, or harboring of illegal aliens. Relying heavily on the recent, highly publicized Supreme Court decision in Ari

In a disappointing development for Massachusetts employers, efforts by the Commonwealth Attorney General’s office to come up with a new bill negotiated with employer participation clarifying a vague and vexing provision of state law mandating that employees be notified promptly of adverse entries in

Massachusetts Governor Deval Patrick has signed into law a bill prohibiting hospitals from requiring nurses who deliver patient care to work mandatory overtime. “Mandatory overtime” is defined as “any hours worked by a nurse in a hospital setting to deliver patient care, beyond the predetermined and

As use of social media sites continues to rise, employer attempts to access social media content and passwords from current employees and applicants have come in for mounting criticism. By appearing to threaten private communications, this employer practice has triggered a strong legislative reactio

A person may not be required to disclose or furnish his or her Social Security Number (SSN) for any purpose under a new law signed by New York Governor Andrew Cuomo. The new law safeguarding SSNs (A.8992-A/S.6608-A) applies to employers and certain other entities in the state. It adds new section 39

The Connecticut Fair Employment Practices Act (CFEPA) prohibits discrimination based on an employee's physical disability, and provides a broad definition as to what constitutes a physical disability. While the federal Americans with Disabilities Act (ADA) explicitly forbids discrimination against e