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Category Archives: State Law

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

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

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

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

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

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

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?

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.

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

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

California Enacts Two Trans Rights Bills

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

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

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

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?

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

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

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

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 & 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

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?

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