State Employment Law Articles

The Ohio Supreme Court has ruled that while non-compete agreements may be transferred by operation of law when two companies merge, the acquiring company may only enforce the agreements against the acquired employees according to the specific terms of the original agreement. Acordia of Ohio, L.L.C.

Ohio is poised to become the 39th state in the nation to ban texting while driving. Ohio’s ban on texting while driving passed in the legislature and is awaiting the Governor’s signature. The bill, HB 99, would ban writing, sending, or reading a text message on a handheld electronic wireless communi

A car wash was liable for unpaid wages and penalties owed by a separate and unrelated business that had operated a car wash at the same location before the property owner evicted it, the California Court of Appeal has held under Section 2066 of the California Labor Code, which applies exclusively to

A physician-partner in a medical practice could assert a retaliation claim under the California Fair Employment and Housing Act, the California Court of Appeal has held, reversing a judgment in favor of a medical partnership. Fitzsimons v. California Emergency Physicians Med. Group, No. A131604 (Cal

On April 25, 2012, a Connecticut federal district court resolved an unfair competition discovery dispute concerning an alleged April Fool’s Day website post and bulk e-mail that the plaintiff claimed decreased attendance at a competitor’s conference. U.S. Magistrate Judge Joan Margolis ruled HR cons

Connecticut state law, like the federal Fair Labor Standards Act (“FLSA”), requires employers to pay non-exempt employees one-and-one-half times their regular rate of pay for any hours worked in a workweek in excess of 40. A Connecticut Superior Court has held that the fluctuating workweek method (“

Employers in Connecticut have a duty to protect employees from harassment based on sexual orientation that is just as compelling as their duty to prevent workplace harassment based on race, sex and other protected characteristics. The Connecticut Supreme Court has recently made this clear in Patino

Reaffirming the continuing viability of New York State’s at-will employment doctrine, the New York Court of Appeals has rejected a wrongful discharge cause of action brought by a compliance officer who claimed to have been terminated for questioning the personal stock trades of the company’s preside

A conundrum employers face when protecting trade secrets is the obligation to identify the very secrets to be protected in litigation. A critical issue in the context of discovery is the extent to which trade secrets must be disclosed and identified by the plaintiff. When the secret is something as

The California Supreme Court has reversed an award of attorney’s fees to an employer that successfully defended a claim for failure to provide rest periods mandated under Section 226.7 of the California Labor Code. Kirby v. Immoos Fire Protection, Inc., No. S185827 (Cal. Apr. 30, 2012). In a seminal

Legality of Criminal Background Checks in Hiring Process; Mandatory E-Verify in North Carolina; “Manifest Disregard for the Law” as Challenge to Arbitration Award; Jackson Lewis News; Educational Opportunities

On April 12, 2012, the Division of Labor Standards Enforcement (DLSE) substantially revised its template notice form ("Notice") and once again amended its FAQs regarding an employer's obligations under California's Wage Theft Prevention Act (WTPA). Cal. Lab. Code § 2810.5; see www.dir.ca.gov/dlse/FA

Add Nebraska to the growing number of states that have granted civil immunity to employers that provide job references to prospective employers of their current or former employees. Approved by Nebraska Governor Dave Heineman on April 10, 2012, the law, LB 959, will take effect on July 18, 2012.

In welcome news for many California employers facing class actions based on the state break rules, the California Supreme Court has held that employers need not ensure that their workers take meal periods required by California law, but only that workers are provided the meal periods. The employer’s

The first law in the nation to prohibit discrimination against job applicants who are unemployed has been enacted in the District of Columbia.

Maryland has become the first state to pass a bill, the User Name and Password Privacy Protection Act (SB 433/HB 964) (the "Act"), that bans employers from asking employees and applicants for social media passwords and login information. Specifically, the bill would prohibit an employer from taking

After three years, the California Supreme Court has finally issued its much-anticipated decision regarding how employers must manage meal periods and rest breaks. On April 12, 2012, the state's highest court issued its unanimous decision in Brinker Restaurant Corporation v. Superior Court, clarifyin

The City of Omaha has joined many other major American cities in barring discrimination based on sexual orientation and gender identity. The Omaha City Council, by a 4-3 vote, approved an ordinance extending protections to gay, lesbian, bisexual and transgendered persons. Mayor Jim Suttle signed the

Under a bill passed by both houses of the Maryland General Assembly, employers in Maryland would be prohibited from demanding from employees and job applicants the usernames, passwords or other means to access personal accounts or service through an electronic communication device (e.g., computer an

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