State Employment Law Articles

When an employer in California hires an independent contractor, what duty, if any, does the hirer owe to the contractor’s employee injured on the job? Generally, when employees of independent contractors are injured in the workplace, their remedy is limited to workers’ compensation. They cannot

The Georgia Supreme Court recently changed the law by requiring employers to file answers in garnishment matters through an attorney. Though Georgia corporations are required to be represented by an attorney in courts other than magistrate courts, this rule has not typically been followed in answeri

An employee who uses false documentation to secure employment with an employer has no recourse for an allegedly wrongful failure to hire, the California Court of Appeal has ruled. Salas v. Sierra Chemical Co., No. C064627 (Cal. Ct. App. Aug. 9, 2011). In addition, the “after-acquired-evidence” d

The Seattle City Council has approved a requirement that businesses in Seattle provide paid leave to employees when they or their family members fall ill or are a victim of domestic violence. Additionally, the new ordinance (Council Bill No. 117216) requires employers to post a notice informing empl

A Washington state appeals court has ruled that employees who miss state-mandated rest breaks during their regular 40-hour workweek assignments are not entitled to overtime compensation for the missed rest breaks. The Court held that the plaintiff-nurses were entitled only to straight-time compensat

In early 2010, California's Department of Fair Employment and Housing (DFEH) proposed a series of new procedural regulations to govern the receipt, investigation, and conciliation of administrative complaints received by the department. Following a series of public hearings and a public comment peri

Can an Indiana employer with reasonable suspicion ask an employee if he has a gun in his briefcase? Not without opening itself up for liability under Indiana's new Disclosure of Firearm or Ammunition Information as a Condition of Employment Law.

The New Jersey Department of Labor and Workforce Development (“NJDOL”) has adopted the federal regulations regarding white collar overtime exemptions, repealing existing state regulations and eliminating inconsistencies between the two regulatory schemes. This will provide employers with greater

The 82nd session of the Texas legislature resulted in several new laws affecting employers. We summarize the more noteworthy legislation in this article. All laws are effective September 1, 2011, unless otherwise noted.

In a potentially dangerous precedent for employers, a California appeals court has ruled that an employee claiming employer sexual or racial harassment can prove the employer's discriminatory intent by showing the employer harassed other workers, even though such harassment occurred outside the comp

Title VII of the Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law all protect employees from workplace discrimination based on religious beliefs and practices, and impose an obligation on New York employers to provide reasonable accommodations for the rel

Nonresidents of California are entitled to overtime pay under state law for work performed in California, the California Supreme Court has held, answering questions about California law at the request of the U.S. Court of Appeals for the Ninth Circuit. Sullivan v. Oracle Corp., 51 Cal. 4th 1191 (Cal

Reversing an order compelling arbitration, the California Court of Appeal has held that an arbitration agreement in an employee handbook was unconscionable because it was a contract of adhesion, failed to give adequate notice of the arbitration rules that will apply, and lacked mutuality. Thus, the

Legislation significantly amending the procedures governing how the Connecticut Commission on Human Rights and Opportunities will process complaints takes effect October 1, 2011. Although new Public Act No. 11-237 is an attempt to shorten the time that a charge remains pending at the CHRO once a mer

Health care employers in Connecticut have new obligations to protect their employees when it comes to workplace violence. Public Act No. 11-175, signed by Governor Dan Malloy on July 13, 2011, applies to any Connecticut health care employer who employs at least 50 full employees, whether full-time o

The Louisiana legislature recently passed two laws aimed at immigration compliance which have the effect of: (1) requiring employers and subcontractors that do business with the State to use E-Verify; and (2) giving employers that are not required to use E-Verify a “safe harbor” from immigration

The California Court of Appeal has held that employees who work overnight shifts that begin on one day and conclude on the next, but which are not interrupted by unpaid, non-working periods, do not work “split shifts,” as defined in the applicable Industrial Welfare Commission Wage Order. Securi

A new law in Connecticut generally prohibits employers from using credit reports in making employment decisions regarding existing employees or applicants. The law, effective on October 1, 2011, applies to all employers in Connecticut that have at least one employee.

Wisconsin employers that hire employees not legally authorized to work in the United States may risk tough new penalties should Senate Bill 137 become law. The bill, in its current form, does not distinguish between employment of an unauthorized person that is intentional or unintentional. Another b

The Texas Supreme Court has determined that, under the Texas Covenants Not to Compete Act, a covenant not to compete signed by a current employee in consideration for stock options is not unenforceable as a matter of law. The Court found the consideration is reasonably related to the company’s int