The GT Alert — 2013 California Employment Law Legislative Update: Things You Need to Know for 2014 was prepared by James M. Nelson, Angela Diesch and Jennifer Holly. This Alert discusses how California’s legislative changes will affect management of employment in California for 2014 and beyond. The authors offer insight on the more significant employment-related… Continue Reading
With Jeannette Brook On the heels of the Supreme Court’s invalidation of a key section of the Defense of Marriage Act, the Senate Committee on Health, Education, Labor and Pensions approved the Employment Non-Discrimination Act by a 15—7 vote on July 10th, 2013. Under the terms of the bill, employers would be prohibited from firing,… Continue Reading
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
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
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 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.
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.
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
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
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.
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.
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
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
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 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
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
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
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.
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.
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.
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
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
From Terence P. McCourt of GT Boston. Thanks and welcome to Terry! Two new bills recently signed into law by Massachusetts Governor Deval Patrick contain important provisions affecting personnel practices for employers doing business in Massachusetts. The new laws regulate criminal record inquiries on job applications, and create new notification requirements related to employee personnel… Continue Reading
According to a report issued this week by the Treasury Department, employers who have hired previously unemployed workers this year are eligible for an estimated $10.4 billion in tax breaks under the Hiring Incentives to Restore Employment (HIRE) Act. The Act, which was enacted in March of this year, provides payroll and business tax incentives to… Continue Reading