State Employment Law Articles

On November 16, 2011, the New Jersey Appellate Division affirmed a finding that registered nurses who were paid on an hourly basis were exempt from the overtime requirements of the New Jersey Wage and Hour Law (“NJWHL”), even though the regulation applicable at the time only extended the “prof

Minor inconsistencies in witness testimony need not render a plaintiff-employee’s account of sexual harassment so “inherently improbable” as to require reversal of the jury’s verdict, the California Court of Appeal has held. The Court thus affirmed judgment in favor of the employee in a sexu

On November 23, 2011, Massachusetts Governor Deval Patrick signed into law the "Gender Identity Bill." This makes Massachusetts the 16th state – along with California, Colorado, Connecticut, Hawaii, Iowa, Illinois, Maine, Minnesota, Oregon, Nevada, New Jersey, New Mexico, Rhode Island, Vermont, Wa

In an ASAP published on October 17th, Littler reported that, in recent amendments to its overtime regulations, New Jersey had inadvertently eliminated the exemption for sales employees paid on commission, which closely tracked an exemption in Section 7(i) of the Fair Labor Standards Act (sometimes k

The Connecticut Department of Labor has issued guidance on the new Connecticut Paid Sick Leave Law. The law goes into effect on January 1, 2012. The guidance is available from the Department’s website, at http://www.ctdol.state.ct.us/wgwkstnd/SickLeaveGuidance.pdf. (See our article, What Employers

Nevada’s new cell phone law (SB 140) prohibits a person from manually typing or entering text into a cell phone or similar device, and from sending or reading data using a cell phone or other device, while operating a motor vehicle. The law also prohibits the use of cell phones for voice communica

In a case of first impression, the California Court of Appeal for the Second Appellate District ruled that there is no individual liability for discrimination or retaliation under California Military and Veterans Code section 394, which protects from discrimination employees who are called to active

In the latest twist in the developing law regarding the preemptive scope of California's Uniform Trade Secrets Act (UTSA)1 a California federal court in Amron International Diving Supply, Inc. v. Hydrolinx Diving Communication, Inc.2 ("Amron") recently issued a decision reinvigorating the growing te

The New Jersey Department of Labor and Workforce Development (“NJDOL”) has placed new burdens on employers. A newly issued notice entitled, “Employer Obligation to Maintain and Report Records,” requires employers to (1) post this notice immediately in the workplace; (2) provide each employee

A labor arbitrator’s award reinstating an employee who was terminated for hanging a noose in his workplace violated Washington’s public policy against discrimination where the arbitrator’s lesser discipline (only a 20-day suspension) prevented the employer from effectively discharging its stat

Alabama gained notoriety in June when Governor Robert Bentley signed into law HB 56, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. HB 56 quickly gained a reputation as the most aggressive in a long line of state immigration legislation and attracted interest (and ire) from the feder

A federal district court in California recently issued a decision, in Dilts v. Penske Logistics, LLC, 2011 U.S. Dist. LEXIS 122421 (S.D. Cal. Oct. 19, 2011), holding that motor carriers that transport property are not subject to California's meal and rest break laws because such laws are preempted b

In 2009, New Jersey passed a law requiring the Department of Labor and Workforce Development (“DLWD”) to issue regulations providing that any employer who is required to maintain and report records regarding wages, benefits, and taxes pursuant to state law “shall conspicuously post notificatio

As of July 1, 2012, certain employers in Philadelphia will have to provide their employees with paid sick leave. A recently enacted ordinance amends Chapter 17-300 of the Philadelphia Code, titled "Philadelphia 21st Century Minimum Wage and Benefits Standard."

The long awaited oral argument in the seminal meal and rest break decision involving Brinker Restaurant finally occurred today. Before a packed courtroom, lawyers for a hopeful class of waiters and waitresses and the representatives of California employers battled it out before the seven justices of

The federal appeals court in Boston has underscored the importance of carefully examining and understanding restrictive covenants, such as non-competes and non-solicitation agreements, that may be acquired in a business purchase. The Court found a one-year non-compete clause in a restrictive covenan

Under the California Labor Code, certain computer software employees, as well as licensed physicians and surgeons, are exempt from state overtime requirements if they receive a minimum hourly, monthly or yearly rate. The rate is determined annually based upon changes to the California Consumer Price

New Jersey recognizes the right of a worker to prepare to compete with his or her employer even while in the employer’s employ, provided the preparation does not involve taking the employer’s confidential and proprietary information and property. However, New Jersey also recognizes that the work

Certain Philadelphia employers will be required to provide full-time employees with paid sick leave beginning July 1, 2012. The City Council voted 15-2 in support of the measure and Mayor Michael Nutter did not veto it. The new Ordinance, an amendment to Chapter 17-1300 of the Philadelphia Code, is

Oklahoma has substantially revised its Standards For Workplace Drug and Alcohol Testing Act, Okla. Stat. Ann. §§ 551 – 563, effective November 1, 2011. The law has been simplified and eliminates a number of requirements previously imposed on employers.