State Employment Law Articles

A new New Jersey law prohibits employers in the state from publishing job advertisements, in print or on the Internet, that exclude unemployed individuals from applying. This makes New Jersey the first state to enact an explicit prohibition against such limiting language. The legislation, effective

Effective June 17, 2011, Philadelphia’s new Fair Criminal Record Screening Standards Ordinance generally will prohibit Philadelphia employers from asking job applicants questions related to criminal history prior to or during the first interview. Similar to restrictions applicable to Massachusetts

A year after employers in Indiana revised their policies to conform to the state’s “bring your gun to work law,” they again must conform their policies to the law’s amendments that will become effective July 1, 2011, further limiting some employers’ attempts to safeguard their workplaces.

New York’s highest court has ruled that a business seller may solicit and regain former clients for his new employer without incurring liability for improperly soliciting business under certain circumstances. Bessemer Trust Co., N.A. v. Branin, No. 63, 2011 NY Slip Op. 3307, 2011 N.Y. LEXIS 602 (A

South Carolina has shut down a restaurant for 10 days after finding that the restaurant employed persons not authorized to work. This move by the South Carolina Department of Labor, Licensing and Regulation arises out of a plan to audit 4,000 employers in 2011 for compliance with the South Carolina

In a dramatic change for Maryland employers, the state’s new Job Applicant Fairness Act will significantly limit their use of an individual’s credit history report for hiring and making other employment-related decisions. No previous state restrictions existed on employers’ obtaining and using

The Georgia state legislature passed immigrant legislation (HB87) on April 14, the final day of its 2011 session. Governor Nathan Deal is expected to sign the sweeping immigration bill into law as early as today. HB87 mandates that companies with more than 10 full-time employees register with the fe

The Wage Theft Prevention Act, effective April 9, 2011, applies to all New York employers. It modifies current new hire notification requirements that have been in effect since late 2009, imposes an annual notification requirement, and modifies the information required to be included on pay stubs.

New Jersey has taken the first step towards bringing the State’s regulations on overtime exemptions in line with federal law. The New Jersey Department of Labor and Workforce Development (“NJDOL”) on March 21, 2011, proposed to adopt the federal regulations regarding overtime exemptions and re

California Department of Fair Employment and Housing (DFEH) Director Phyllis W. Cheng, speaking at the Jackson Lewis LLP-sponsored Association of Corporate Counsel (ACC) Labor and Employment Committee Meeting on Feb. 22, 2011, told the gathering of business lawyers that the agency would continue to

The Illinois Religious Freedom Protection and Civil Union Act (“Civil Union Act”) extends state law protections and responsibilities currently afforded to married, heterosexual couples to all committed couples in Illinois, including same-sex couples, by allowing same-sex couples to enter into a

Under Maryland’s Healthy Retail Employee Act, Maryland employers who operate “retail establishments” must provide non-exempt retail employees with break periods based on the length of the shifts the employees work. Employers in violation of the Act will face a fine.

A California employer did not owe overtime to an employee because it had entered into an explicit mutual wage agreement that provided for base compensation and overtime in one lump sum, the California Court of Appeal has ruled. Arechiga v. Dolores Press, Inc., No. B218171 (Cal. Ct. App. Feb. 7, 2011

In a groundbreaking decision on an issue of first impression, the New Jersey appellate court has held that a plaintiff may proceed with a punitive damages claim against her former employer despite the fact that a jury found that she failed in proving the common law tort of intentional infliction of

Responding to findings that approximately one in five employees “directly experience health-endangering workplace bullying, abuse, and harassment” and that “abusive work environments can have serious effects on targeted employees and serious consequences for employers,” a new bill has been i

Jackson Lewis has learned that the United States Immigration and Customs Enforcement (“ICE”) will be issuing notices of inspection to review the hiring records of some employers based in Denver on February 14, 2011. The employers will have three days to produce I-9 forms or fines will be assesse

A new California law makes it easier for the California Division of Occupational Safety and Health (“Cal/OSHA”) to classify workplace safety violations as “serious” for purposes of issuing citations and proposed penalties to employers. Assembly Bill 2774, signed by Governor Arnold Schwarzenegger in

New York Governor David Paterson has signed into law the Wage Theft Prevention Act. The new law amends the New York Labor Law, creates new recordkeeping obligations for employers and allows employees to recover significantly greater damages for violations of the law. The new law will become effectiv

The New York State Department of Labor has issued its long-awaited final Hospitality Industry Wage Order applicable to hotels and restaurants, among others. The new Wage Order will be effective January 1, 2011. It makes substantial changes to the rules governing payment of wages to employees in the

In a case brought by insurance agents, the California appeals court has ruled that an employer may not unilaterally eliminate certain obligations to employees contained in a policy that did not have an indefinite duration. McCaskey v. California State Auto. Ass’n, No. H032186 (Cal. Ct. App. Oct. 29,