Category Archives: Legislation

A New Beginning for ENDA? The Return of the Employment Non-Discrimination Act

By Brett Lane on May 6th, 2013 Posted in Discrimination, Legislation

On April 25th, federal lawmakers reintroduced the latest version of the Employment Non-Discrimination Act (“ENDA”) in both the House and Senate. If passed, ENDA would prohibit covered employers from discriminating against employees and applicants on the basis of their sexual orientation or gender identity. ENDA is certainly not new legislation. ENDA, in one form or… Continue Reading

Proposed Restrictive Covenant Law Threatens to Handcuff Employers

By Eric Sigda on May 3rd, 2013 Posted in Contracts, Legislation, Restrictive Covenants

Prepared by: Brian Confino Most businesses possess confidential information or trade secrets that need to be safe-guarded, or intellectual property, equipment, or processes that set them apart from their competition. Many companies choose to protect this information using “restrictive covenants” – agreements in which employees promise not to compete with the business in the future,… Continue Reading

2013 Labor and Employment Legislation Update – California Assembly

By Monica Baumann on April 30th, 2013 Posted in Legislation

The 2013 California legislative session is in full swing and with it there is a spate of new bills amending and adding to the labyrinth that is California labor and employment law. It is too early to know which bills will survive and pass the Senate and Assembly by the September 13, 2013 deadline. Nonetheless,… Continue Reading

2013 Labor and Employment Legislation Update-California Senate

By Monica Baumann on April 30th, 2013 Posted in Legislation

Annie Get Your Gun and Bring It to Work: The Impact of Georgia’s “Parking Lot Law” on Employers

By Natasha Wilson and Keshia McCrary on April 8th, 2013 Posted in Legislation, State Law

In response to the growing number of tragic mass shootings, most recently in Newtown, Connecticut, federal, state and local governments continue grappling with how to address issues of gun control. Given these arising issues, employers must also be cognizant of their duty to protect employees, clients and customers while still being mindful of individual employee… Continue Reading

New York Minimum Wage Heads North

By Robert Bernstein on April 5th, 2013 Posted in Legislation, Wage & Hour

New York State’s minimum wage will gradually increase from the current rate of $7.25 per hour to $9.00 per hour over the next few years. The wage increases go into effect as follows: $8.00 on or after December 31, 2013; $8.75 on or after December 31, 2014; and $9.00 on or after December 31, 2015.

Newark, New Jersey Deals a Blow to Criminal Background Checks

By Wendy Lario on November 7th, 2012 Posted in Legislation

On November 18, 2012, companies doing business in Newark, N.J., that employ five or more workers will be prohibited from conducting criminal background checks before or during the job application process.

Employers Requesting Facebook Access May Face Federal Consequences

By Peter Hall on March 26th, 2012 Posted in Legislation, Privacy, Uncategorized

Add the United States Senate to the growing list of legislative bodies considering new laws that would ban employers from requiring job applicants to turn over their Facebook usernames and passwords as part of the background investigation process. As the number of stories of applicants rejected or employees being “Facebook-fired” has grown, savvy social media… Continue Reading

GT Alert — Massachusetts Personal Information Data Security Regulations: Are You in Compliance With the March 1 Deadline?

By Justin Keith on March 9th, 2012 Posted in Legislation

March 1, 2012 marks a critical compliance date for businesses covered by the Massachusetts data security regulations, which includes virtually all Massachusetts employers. Regulations implementing Massachusetts law defining standards to be met by businesses with access to “personal information” of any Massachusetts resident went into effect in 2010. The regulations contain a two-year grace period… Continue Reading

California Enacts Two Trans Rights Bills

By GT Labor & Employment Team on October 17th, 2011 Posted in Discrimination, Legislation, State Law

Last week, California Governor Jerry Brown signed into law the Gender Non-Discrimination Act (AB 887), which changes the language of the state anti-discrimination law to specifically include gender, gender identity and gender expression as enumerated protected categories. The governor also signed into law the Vital Statistics Modernization Act (AB 433), which streamlines the process by which transgender individuals may correct the gender marker on their birth certificates.

House Bill Would Mandate Minimum Wage for Disabled Workers

By GT Labor & Employment Team on October 14th, 2011 Posted in Disability, Legislation, Wage & Hour

A bill has been introduced in the House of Representatives that would end the issuance of special certificates that allow employers to pay employees with disabilities below minimum wage.

UK Employment Law Update – Changes announced by Chancellor to come into force in 2012/13

By Sarah Phillips on October 4th, 2011 Posted in Legislation

This post has been co-authored by Russell Lamb and Sarah Phillips. Chancellor George Osborne took the opportunity at the Conservative Party’s Annual Conference to announce significant reforms to the Employment Tribunal system which are due to come into force in April 2012 and 2013. The changes will: increase the qualifying period for an employees wishing… Continue Reading

Arizona Must Continue Offering Benefits to Same-Sex Partners of State Employees

By Rebecca Covell on September 12th, 2011 Posted in Benefits, Constitution, Discrimination, Legislation, State Law

Last Tuesday, the Ninth Circuit upheld an injunction that blocked an Arizona law that would have eliminated health care benefits for same-sex partners of state employees. Before 2008, health insurance benefits for dependents of Arizona state employees were available only to the spouses and children of those employees. In April of 2008, then-Governor Janet Napolitano implemented… Continue Reading

UK Employment Law Update: Government Consultation on “Modern Workplaces”

By Sarah Phillips on June 7th, 2011 Posted in Legislation

The UK Government has announced that it is going to consult on the “modern workplace” with a view to making legislative changes in 2015. The consultation is proposing changes in three key areas: flexible parental leave, flexible working and equal pay. The main propositions under each of those headings are: Flexible parental leave: an entitlement… Continue Reading

Which Employers Will Be Responsible For Health Coverage In 2014?

By GT Labor & Employment Team on May 16th, 2011 Posted in Benefits, Legislation

The new health care law, otherwise known as the Patient Protection and Affordable Care Act (PPACA), requires that, beginning after December 31, 2013, “applicable large employers” must provide affordable health coverage to their full-time employees. Failure to do so may subject these employers to a shared responsibility payment, or an “assessable payment,” pursuant to Internal… Continue Reading

Philadelphia “Bans the Box” on Employment Applications

By GT Labor & Employment Team on May 8th, 2011 Posted in Legislation

Philadelphia recently became the latest jurisdiction to join what appears to be a nationwide movement to “ban the box” — that is, the box on employment applications that asks job seekers to disclose criminal history. The new ordinance becomes effective on July 13, 2011. Prior to this date, employers subject to the law should revise… Continue Reading

UK Employment Law Update: Changes to the way termination payments are calculated

By Sarah Phillips on March 23rd, 2011 Posted in Legislation

From 6 April 2011, the new Income Tax (Pay as You Earn) Regulations 2011 come into force. These regulations will have an effect on the calculation of payments made to ex-employees after the issue of a P45. The Current Position Currently, should a company make a payment to an ex-employee after the issue of a P45, it will apply the basic… Continue Reading

UK Employment Law Update: Amendments to the Law on Retirement

By Sarah Phillips on February 18th, 2011 Posted in Legislation

It is currently possible in the UK to retire an employee lawfully at the age of 65 and above without incurring liability for age discrimination, provided certain procedures are followed. The UK Government has, however, committed to remove this right and has previously given details of the transitional provisions which will apply whilst the new… Continue Reading

Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition

By GT Labor & Employment Team on January 24th, 2011 Posted in Legislation

Today, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.

Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants

By Christopher Puckett on November 10th, 2010 Posted in Legislation, Restrictive Covenants, State Law

On November 2, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non-solicitation and non-disclosure covenants in Georgia.

What the California Election Means to Employers and What They Can Do

By James Nelson on November 9th, 2010 Posted in Legislation, State Law

The California election results are unlikely to signal that “Happy Days Are Here Again” for California employers. Companies with California employees should start reviewing their compliance processes and risk management measures.

UK Legal Update: Bribery Act 2010

By Russell Lamb on October 21st, 2010 Posted in Labor, Legislation

The Bribery Act 2010 is due to take effect in the UK in April 2011. The Act provides that commercial organisations may be criminally liable for failing to prevent bribery (whether offered or received) by persons providing services to the business, including employees, agents and subsidiaries. It is not just UK companies, however, as overseas… Continue Reading

Parting Gifts from the Governator – California’s Significant New Employment Laws

By Justin Keith on October 19th, 2010 Posted in Legislation

As previously reported here, the California legislature ended its regular session by sending a mixed bag of bills to the Governor for consideration. Most were vetoed but those that were signed into law present some new challenges and opportunities on topics ranging from organ donor leave to meal period relief for some employers to a… Continue Reading

New York Requires Construction Industry To Consider the ABCs of Worker Misclassification

By Jonathan Israel on September 10th, 2010 Posted in Legislation, State Law

In previous articles and blog entries, we have written on the growing peril for businesses that misclassify employees as independent contractors, as federal and state governments adopt new laws and increase penalties for worker misclassification and ratchet up enforcement through audits and proceedings. For those who do (or should) track government activity in the area… Continue Reading