State Employment Law Articles

In Iskanian v. CLS Transportation Los Angeles, LLC, a California appellate court applied the Federal Arbitration Act (FAA) and the U.S. Supreme Court's interpretation of the FAA in AT&T Mobility LLC v. Concepcion to affirm a trial court's order granting a motion to compel individual arbitration of t

Signifying New Hampshire’s first regulation of private non-compete agreements, Governor John Lynch signed into law an act requiring employers to provide a copy of all “non-compete and non-piracy agreements” to job applicants. Effective July 14, 2012, HB 1270 will require employers to provide copies

On June 28th, the New York City Council voted to override Mayor Michael Bloomberg’s recent veto of the city’s living wage bill. The bill would increase wages to $11.50 an hour, or $10 an hour with benefits, for employees of companies receiving $1 million or more in city subsidies—an estimated 900 in

The Vermont Parental and Family Leave Act does not require employers to allow the accrual of paid vacation and sick time during an unpaid parental leave, the Vermont Supreme Court has held. Vermont Human Rights Comm’n & Stanley v. Vermont Agency of Transp., 2012 VT 45 (June 8, 2012). Observing that

Rhode Island’s minimum wage will be $7.75 an hour, an increase of 35 cents over the current rate, beginning January 1, 2013. The legislation (2012-H 7396A) was signed by Governor Lincoln Chafee on June 20, 2012. This will be the first minimum wage hike in the Ocean State since 2007. Approximately 10

California law does not prohibit an employer from requiring an employee to waive his or her right to a jury trial in an agreement with an arbitration provision, the California Court of Appeal has ruled. Pulli v. Pony Int’l, LLC, No. D059137 (Cal. Ct. App. June 19, 2012). The Court held the law simpl

The District of Columbia City Council and Mayor Vincent Gray have enacted a first-of-its-kind law protecting jobless individuals from discrimination in the hiring process. The new law prohibits employers and employment agencies from discriminating against potential employees based on their status as

The EEOC's April 25, 2012 updated enforcement guidance on the use of arrest and conviction records by employers has generated renewed and substantial interest in the controversial subject of criminal background checks in the context of Title VII of the Civil Rights Act of 1964. Although it is import

In a recent Virginia trade secrets case, the appellate court’s ruling illustrates that in any case for damages, the manner and measure of valuation is paramount. In 21st Century Systems, Inc. v. Perot Systems Government Services, Inc., a Virginia jury awarded Perot Systems Government Services, Inc.

On May 17, 2012, Vermont Governor Peter Shumlin signed Vermont Act No. 154 (S. 95), which prohibits employers, subject to certain exceptions, from using or inquiring into an applicant or employee's credit report or "credit history" for employment purposes. Relying on a variety of statistics regardin

Effective July 1, 2012, Vermont joins California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington as jurisdictions that restrict an employer’s right to obtain and use credit information for making employment decisions. Similar legislation is pending in many other jurisdictions. Furth

Employees can use statistical evidence to establish a prima facie case of age discrimination under California Fair Employment and Housing Act (“FEHA”), the federal appeals court in San Francisco has held. Schechner v. KPIX-TV, No. 11-15294 (9th Cir. May 29, 2012). The statistics, however, must prese

The Federal Arbitration Act preempts California law disfavoring the enforcement of a class action waiver in employee arbitration agreements, the California Court of Appeal has ruled. Iskanian v. CLS Transp. Los Angeles, LLC, No. B235158 (Cal. Ct. App. June 4, 2012). The Court noted the U.S. Supreme

The Federal Arbitration Act preempts California law disfavoring the enforcement of a class action waiver in employee arbitration agreements, the California Court of Appeal has ruled. Iskanian v. CLS Transp. Los Angeles, LLC, No. B235158 (Cal. Ct. App. June 4, 2012). The Court noted the U.S. Supreme

Beginning on October 1, 2012, Connecticut residents will be able to smoke marijuana to alleviate symptoms of a debilitating medical condition without fear of arrest or prosecution by Connecticut authorities, or adverse employment action by employers in the state. The new law, entitled An Act Concern

The Minnesota Parenting Leave Act does not provide that “an extension of leave also extends the right to reinstatement,” the Minnesota high court has held. Hansen v. Robert Half Int’l, 2012 Minn. LEXIS 212 (May 30, 2012). Therefore, the employer did not violate the MPLA by failing to reinstate its e

In a much anticipated decision, a federal judge in California's Southern District ruled last week that CVS Pharmacy was not required to provide its cashiers with seats to use while operating cash registers. The plaintiff is a former customer service representative (“clerk/cashier”) at CVS who filed

The 430th legislative session of the Maryland General Assembly resulted in several new laws and amendments to existing laws that affect employers. We summarize the more noteworthy legislation in this article. All laws are effective October 1, 2012, unless otherwise noted.

Indiana's statewide smoking ban takes effect July 1, 2012. Indiana House Enrolled Act No. 1149 (soon to be Indiana Code, title 7.1, article 5, chapter 12) ("the Act") prohibits smoking in:

Since the Massachusetts Personnel Records statute was amended in 2010 to place an affirmative duty on employers to notify employees of certain additions to a “personnel record,” Massachusetts employers have been concerned that the amendment was too vague and broad to be workable. At the urging of ma