State Employment Law Articles

State Employment Law Articles

Articles Discussing Labor And Employment Law In All Fifty US States And Puerto Rico.

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Minnesota - General

Minnesota High Court Rejects Verdict against University Coach for Negligent Misrepresentation in Hiring

Jackson Lewis P.C.·

nding five years of contentious litigation, the Minnesota Supreme Court has reversed a million-dollar jury verdict for negligent misrepresentation against the head coach of the University of Minnesota (“U of M”) Men’s Basketball Team for offering an assistant coaching job to a former assistant coach

Massachusetts - General

Massachusetts Enacts Burdensome New Standards for Staffing Companies

Littler·

On August 6, 2012, Massachusetts Governor Deval Patrick signed the "Temporary Worker Right to Know Act." The Act, which takes effect on November 5, 2012, places several new legal burdens on staffing agencies in Massachusetts, as well as companies that utilize their services. Specifically, the Act re

Washington State - General

Seattle’s New Paid Leave Law

Jackson Lewis P.C.·

All employers who employ at least five full-time employees (in any city or state) and have at least one employee who performs work within the City of Seattle must soon comply with Seattle’s Sick/Safe Leave law. The new law goes into effect on September 1, 2012. All employees, regardless of whether t

Ohio

Ohio Joins Handful of States that Offer Tort Liability Protections for Businesses that Hire and Employ Rehabilitated Ex-Offenders

Littler·

In enacting protections from tort liability for negligent hiring and retention claims for businesses that hire and employ rehabilitated ex-offenders, Ohio joins a handful of other states that are introducing such measures to help facilitate the reintegration of ex-offenders into the workforce.

Massachusetts - Wage & Hour

Massachusetts Healthcare Bill Bans Mandatory Overtime for Nurses and Limits Spending to Oppose Unionization

Littler·

On August 6, 2012, Governor Deval Patrick of Massachusetts signed into law Senate Bill 2400, "An Act improving the quality of healthcare and reducing costs through increased transparency, efficiency and innovation."

Illinois - General

Illinois' New Social Media Password Protection Law Handicaps Employers' Legitimate Business Activities

Littler·

On August 1, 2012, Illinois Governor Pat Quinn signed into law a bill modifying Illinois' Right to Privacy in the Workplace Act to limit employers' access to applicants' and employees' restricted social media accounts. The Illinois bill applies to both public sector and private sector employers.

Pennsylvania - General

Philadelphia Paid Sick Leave

Jackson Lewis P.C.·

Some employers in Philadelphia must provide their employees with paid sick leave. Pursuant to an amendment to Chapter 17-1300 of the Philadelphia Code, titled "Philadelphia 21st Century Minimum Wage and Benefits Standard,” certain entities providing services to, or receiving financial aid from, the

Illinois - General

Legal Alert: New Illinois Law Protects Social Networking Passwords August 2, 2012

FordHarrison·

Executive Summary: Illinois has joined a growing trend to protect workers from employers who want access to their Facebook or other social networking accounts. On August 1, 2012, Governor Quinn signed into law an amendment to the Illinois Right to Privacy in the Workplace Act.

California - General

Employee Must Arbitrate Individual Wage Hour Claims, California Court Rules, Rejecting NLRB Opinion

Jackson Lewis P.C.·

Where the parties’ arbitration agreement was neither unconscionable nor in violation of public policy, the employee must arbitrate her individual wage and hour claims against her employer, the California Court of Appeal has ruled, affirming an order compelling arbitration in a class action for Calif

California - Restrictive Covenants

Noncompete News - Speculation is not Enough to Support Trade Secret Misappropriation Claims in California

FordHarrison·

Executive Summary: The California Court of Appeal recently affirmed an award of over $400,000 in attorneys' fees in favor of a group of ex-employees in a trade secret misappropriation lawsuit filed by their former employer, finding that the lawsuit was filed in bad faith. This decision highlights th

California - Wage & Hour

California Appellate Court Approves Employer Commission Plan with a Year-Long Chargeback Period

Littler·

Pursuant to the newly amended California Labor Code section 2751, all California employers who pay employees by commission must have a written contract specifying the terms of the commission compensation at issue by January 1, 2013. Against that backdrop, a California Court of Appeal has provided an

Georgia - Restrictive Covenants

Noncompete News - Eleventh Circuit Holds That RCA Does Not Apply to Non-Competes Signed Before May 11, 2012

FordHarrison·

Executive Summary: The Eleventh Circuit recently addressed one of the most confusing questions surrounding Georgia's new Restrictive Covenant Act (RCA): did the law become effective on November 3, 2011, as the General Assembly intended, or did it become effective May 11, 2011, when the legislature r

New York - Wage & Hour

Wage Deductions Almost Legal in NY? Legislation Allowing Employers to Make Wage Deductions Awaits Governor's Signature

Littler·

The New York State Senate and Assembly recently passed a bill amending New York Labor Law section 193 to expand an employer's ability to make deductions from employee wages. The bill is currently awaiting delivery from the New York State Assembly to the governor's office for his approval. The govern

New Jersey - General

Legal Alert: What to Watch in New Jersey – Pending Legislation

FordHarrison·

Several bills are pending before the New Jersey legislature that, if enacted, could significantly impact New Jersey employers. This Alert highlights some of the more significant bills.

Arizona

Arizona's Highest Court Refuses to Find Employer Vicariously Liable for Employee's Business Trip Car Accident

Littler·

On July 9, 2012, the Arizona Supreme Court handed down its decision in Engler v. Gulf Interstate Engineering, Inc. and announced that an employer may not be held vicariously liable for an after-work accident caused by an employee who was on an extended out-of-town assignment. The court found that an

Minnesota - Wage & Hour

Minnesota Court Clarifies Agricultural Exemption under Minnesota Fair Labor Standards Act

Jackson Lewis P.C.·

Unlike the federal Fair Labor Standards Act, an exemption under the Minnesota Fair Labor Standards Act (MFLSA) for agricultural workers does not apply to workers who are paid on an hourly basis, according to the Minnesota Court of Appeals. In re Labor Law Violation of Daley Farm of Lewiston, No. 11-

California - General

Who's in Charge Here? Recent Decision May Cause Headaches for California Franchisors

Littler·

California is the birthplace of the franchise business model. Today, there are approximately 62,000 independent franchisees operating in California, employing more than 1.1 million state residents.

California - Wage & Hour

California Supreme Court Rules That State’s Prevailing Wage Law Is Not Quite So Prevailing: Charter Cities Need Not Require Prevailing Wages on Publicly Funded Municipal Construction Projects

Littler·

On July 2, 2012, the California Supreme Court issued its long-awaited decision in State Building and Constructions Trades Councils of California, AFL – CIO v. City of Vista, No. S173586. The court held that locally funded public works projects performed by chartered cities are municipal affairs unde

Washington State - General

The Pacific N.W. Employer Summer 2012

Jackson Lewis P.C.·

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

Alabama

Alabama Bans Texting While Driving

Jackson Lewis P.C.·

Alabama has joined the majority of other states in enacting a law that prohibits texting and e-mailing while driving. Effective August 1, 2012, the law makes it unlawful to manually write, send or read a text or e-mail while operating a motor vehicle. Alabama Code § 32-21-1. Violators will be subjec