On Wednesday, January 25, the Indiana House of Representatives passed legislation that would make Indiana the 23rd state to adopt a law that prohibits employers from forcing employees to become members of a union or to pay union dues.
Category Archives: State Law
Subscribe to State Law RSS FeedAre Restrictive Covenants Enforceable in California? It Depends.
Posted in Restrictive Covenants, State Law, Trade SecretsIn 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
Posted in Arbitration, Contracts, State LawDoes 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
Posted in Contracts, State LawThe 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
Posted in Discrimination, Legislation, State LawLast 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.
FMLA for pets
Posted in FMLA, State LawEmployers in Florida may be required to provide a leave of absence to employees whose pets are injured or threatened by another family member, if a bill introduced earlier this month becomes law. The bill would revise the existing Florida domestic violence statute by amending the definition of “domestic violence” to include “inflicting, or attempting… Continue Reading
Arizona Must Continue Offering Benefits to Same-Sex Partners of State Employees
Posted in Benefits, Constitution, Discrimination, Legislation, State LawLast 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
Posted in Discrimination, State LawBeginning 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
Posted in State Law, Wage & HourThe 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?
Posted in State Law, Wage & HourOn 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
Posted in State Law, Wage & HourA 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
New Employee Protections Under the Arizona Medical Marijuana Act
Posted in Discrimination, State LawIf your company employs an individual who moonlights on the weekend as a volunteer at the new medical marijuana dispensary, can that individual be terminated for that reason? No, at least not in Arizona. With the passage of the Arizona Medical Marijuana Act, cardholders under the Act are now protected from discrimination. For more information regarding the new Act… Continue Reading
Will Recent New York Court of Appeals Decision Temper State Agency Fervor Over Worker Misclassification?
Posted in State LawWorker 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
Posted in Legislation, Restrictive Covenants, State LawOn 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
Posted in Legislation, State LawThe 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?
Posted in Litigation, State Law, Wage & HourIn 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
Posted in Legislation, State LawIn 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?
Posted in Legislation, Litigation, State Law, Wage & HourIt 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
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