Category Archives: State Law

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

Good News From the California Supreme Court on Mixed Motive Discrimination Cases…at Least for Now

By Marc Koenigsberg on February 11th, 2013 Posted in Discrimination, Litigation, State Law

It is an age old litigation problem. The employee engaged in conduct the employer found sufficient for termination. The employee claims that was not the real reason and points to alleged discriminatory acts. How does one decide the issue? As importantly, from an HR perspective, how does the employer assess risk as no workplace is… Continue Reading

Rocky Mountain High: Colorado Voters Legalize Non-Medical Use of Marijuana

By Natalia Ballinger on November 21st, 2012 Posted in State Law

On November 6, Colorado voters passed Amendment 64, the controversial initiative legalizing the non-medical use of marijuana by adults, making Colorado the first state in the nation to decriminalize the possession, cultivation and sale of marijuana. Our recent Alert, “Rocky Mountain High: Colorado Voters Legalize Non-Medical Use of Marijuana,” discusses the impact of Amendment 64 on employers and workplace policies.

California Revises its New Commission Contract Requirement

By Monica Baumann on November 15th, 2012 Posted in Compensation, Contracts, State Law, Wage & Hour

In 2011, the California Legislature passed AB 1396 to amend Labor Code section 2751, and require that employers provide employees with a contract detailing the method by which commission, when applicable, would be computed and paid to employees. The contract requirement is set to go into effect on January 1, 2013, and applies to in-state… Continue Reading

“Nearest-tenth of an hour” rounding policy permissible under California law

By Marc Koenigsberg on November 8th, 2012 Posted in Litigation, State Law, Wage & Hour

Relying on the federal Department of Labor rounding standard, a California appellate court ruled last week that even in California an employer is entitled to use the nearest-tenth rounding policy if it is fair and neutral on its face and it is used in such a manner that it will not result, over a period… Continue Reading

Employers Can be Held Liable for Failing to Protect Employees From Sexual Harassment Based on Sexual Orientation

By Jack Gearan on May 9th, 2012 Posted in Discrimination, Harassment, Litigation, State Law

In a unanimous decision due to be published on May 15, the Connecticut Supreme Court has ruled that employers can be held liable for failing to protect employees from harassment based upon sexual orientation. In Patino v. Birken Manufacturing Company, a former employee of the jet engine component maker Birken Manufacturing, Co. accused the company of… Continue Reading

California Supreme Court’s Kirby Decision: If Money Talks, is This Another Post-Brinker Blow to Meal and Rest Period Claims?

By Mark Kemple and Tiffany Fordyce on May 4th, 2012 Posted in Litigation, State Law

On April 30, 2012, the California Supreme Court issued a decision holding that the fee shifting provisions of California Labor Code sections 128.5 and 1194 do not apply to claims for wages made pursuant California Labor Code section 226.7 for failure to authorize meal and/or rest periods. Kirby v. Immoos Fire Protection, Inc., ____ Cal. 4th ___ (2012).

Are Restrictive Covenants Enforceable in California? It Depends.

By GT Labor & Employment Team on November 21st, 2011 Posted in Restrictive Covenants, State Law, Trade Secrets

In California, it is well established that non-compete provisions are unenforceable, subject to certain statutory exceptions. But what about non-compete provisions that are ambiguous as to their protection of confidential information or trade secrets? Recently, when faced with such a provision, one California federal court narrowly construed the provision to find it enforceable.

Supreme Court Vacates California Ruling on Arbitration Agreements

By GT Labor & Employment Team on November 11th, 2011 Posted in Arbitration, Contracts, State Law

Does an employee have the right to proceed before the California Labor Commission after signing an agreement to arbitrate all claims? That is a question the California Supreme Court will have to decide after the U.S. Supreme Court vacated its decision in Sonic-Calabasas A, Inc. v. Moreno and remanded the case for further consideration in light of AT&T Mobility v…. Continue Reading

Virginia Supreme Court Affirms Strict Standard for Non-Compete Clauses

By GT Labor & Employment Team on November 9th, 2011 Posted in Contracts, State Law

The Virginia Supreme Court issued an opinion on Friday making clear that non-compete provisions that are overbroad as to the function to be performed by the employee are not enforceable in Virginia.

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.

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

The Unemployed: A New Protected Group? New Jersey Bans Hiring Bias Against The Unemployed In Employer Want-Ads And The EEOC Is Watching

By Jonathan Israel on May 26th, 2011 Posted in Discrimination, State Law

Beginning June 1, 2011, New Jersey employers will be prohibited from publishing job advertisements that reflect bias against unemployed individuals. The new law, N.J.S.A §§ 34:8B-1, -2, prohibits employers, directly or through an agent, from knowingly or purposefully publishing (in print or on the Internet) job advertisements stating that: (i) current employment is a qualification for the job;… Continue Reading

CHANGES IN THE LABOR LAW – Wage Theft Prevention Act (WTPA) Notice of Rates of Pay and Regular Payday

By Jeffrey Burns on April 5th, 2011 Posted in State Law, Wage & Hour

The NY State Department of Labor is requiring all private sector employers to provide notices to employees effective April 9 (this Saturday) relating to wage rates and other payroll information. The information which must be included is listed below. The Department of Labor has created a template notice, which may be used. In addition, the… Continue Reading

New York Employers: Are You Ready For The New Wage Theft Prevention Act?

By Jonathan Israel on December 21st, 2010 Posted in State Law, Wage & Hour

On December 13, 2010, Governor Patterson signed the New York State Wage Theft Prevention Act (the "WTPA"), a new law that amends New York Labor Law and purports to offer workers greater protection from wage law violations by (i) requiring employers to give employees more detailed wage payment information in writing, and (ii) increasing the… Continue Reading

Arizona’s Minimum Wage To Increase to $7.35 Per Hour in 2011

By GT Labor & Employment Team on December 16th, 2010 Posted in State Law, Wage & Hour

A new year, and a new minimum wage in Arizona. Effective January 1, Arizona’s minimum wage will increase by 10 cents to $7.35 per hour, which exceeds the federal minimum wage of $7.25 per hour. In 2006, voters approved an initiative to establish a minimum wage in Arizona and provide for annual increases based on the cost… Continue Reading

Will Recent New York Court of Appeals Decision Temper State Agency Fervor Over Worker Misclassification?

By Jonathan Israel on November 17th, 2010 Posted in State Law

Worker misclassification issues in New York are in the spotlight again, thanks to a recent decision from the state’s highest court in Matter of Empire State Towing and Recovery Association, No. 160 (N.Y. Oct 26, 2010). This unemployment insurance case grew out of an audit of Empire by the New York Department of Labor ("DOL"),… Continue Reading

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.

Worker Misclassification: Does Action By Attorney General Cuomo Portend Even Greater Enforcement Activity In New York Under A Governor Cuomo?

By Jonathan Israel on October 29th, 2010 Posted in Litigation, State Law, Wage & Hour

In prior articles and blog entries, we have reported on the ever-increasing and intense focus of federal and state government on issues of worker misclassification, as lawmakers and agencies around the country have heightened enforcement activity and potential penalties against businesses suspected of misclassifying employees as independent contractors. New York State has been leading the charge… 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

The Franchise Relationship: A New Front in the Attack on Worker Misclassification?

By Jonathan Israel on May 31st, 2010 Posted in Legislation, Litigation, State Law, Wage & Hour

It is no secret: Cash-strapped federal and state governments have been stepping up enforcement and increasing penalties against businesses that misclassify employees as independent contractors and exposing these businesses to additional employment-related liabilities for wage and overtime pay, health, welfare and retirement benefits, and income and employment tax contributions and withholding. We have been watching… Continue Reading