Category Archives: State Law

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California Enacts Mandatory Paid Sick Leave Law

Starting July 1, 2015, California employers will be required to provide at least three days of paid sick leave each year under a new law. The Healthy Workplaces, Healthy Families Act of 2014 will affect employers of all sizes, with only unionized workers, home health care providers, and airline flight crews exempt from the mandate. … Continue Reading

Massachusetts Enacts Domestic Violence Leave Law

In August of 2014, the governor of Massachusetts signed into law, An Act Relative to Domestic Violence. This law requires Massachusetts employers to provide to their employees up to 15 days of annual leave where an employee or family member is a victim of domestic violence. The Greenberg Traurig authors, Terence P. McCourt, Justin F. … Continue Reading

New Jersey Enacts ‘Ban-the-Box’ Law

The Governor of New Jersey signed into law the Opportunity to Compete Act, which prevents employers from inquiring about an applicant’s criminal history on an employment application or during the initial job interview. The “ban-the-box” law becomes effective March 1, 2015. Greenberg Traurig attorneys, Robert H. Bernstein and Andrew B. Buckman, discuss the key points … Continue Reading

Misclassification of Independent Contractors: A Challenge for Massachusetts Companies in the Delivery, Taxi, and Livery Sectors

Employers operating in the delivery and livery sectors continue to be targeted with lawsuits alleging violations of the Massachusetts Independent Contractor Statute and Wage Act. Specifically, these lawsuits allege that drivers have been misclassified as independent contractors. Damages in these types of cases can compound quickly and the Wage Act provides for the mandatory recovery … Continue Reading

Illinois Jumps on the ‘Ban-Wagon’

Illinois has joined the increasing number of states that have enacted “Ban the Box” laws (so named because they prohibit employers from including on job applications a box for applicants to check if they have ever been convicted of a crime). On July 19, 2014, the Governor of Illinois signed the Job Opportunities for Qualified … Continue Reading

GT Alert — Student-Athletes or Statutory Employees?

In a closely-watched decision, a Regional Director for the National Labor Relations Board ruled on March 26, 2014 that football players receiving scholarships at Northwestern University are “employees” and eligible to unionize. This landmark decision marks a potential change in Board law that could possibly alter the landscape of union organizing; at least regarding private … Continue Reading

GT Alert — Join the Party. Another California-based Former Employee Challenges Out-of-State Company’s Non-Compete Provisions as Unfair Business Practice

If your client has California operations and isn’t aware, it could end up like the employer did in Shomit James v. Globus Medical, Inc. James demonstrates that the competition in California for talent remains high, that competitors are increasingly aggressive about hiring employees your client may think are “locked up,” and will offensively challenge standard … Continue Reading

Philadelphia Law Creates New Employee Rights, Employer Obligations Concerning Pregnancy and Related Medical Conditions

On January 20, 2014, the Philadelphia Mayor enacted an amendment to the City Code that requires the city employers “to provide reasonable accommodations to an employee for needs related to pregnancy, childbirth, or a related medical condition.”  The provisions of the new City amendment are triggered if the employee requests such accommodations, and if it … Continue Reading

New Jersey Gender Equity Notice Requirements

Employers operating in New Jersey must now “conspicuously post” the attached gender equity poster in a place accessible to their New Jersey employees.  Employers can satisfy this requirement by posting the notice on a company internet/intranet site for exclusive use by employees and accessible to all employees. In addition, employers must provide their employees with … Continue Reading

2013 California Employment Law Legislative Update: Things You Need to Know for 2014

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

Illinois Legislature Passes Major Changes to Illinois Employment Laws

With Adam Braun When the Illinois General Assembly adjourned the 2013 Spring Session on May 31st, it set the stage for substantial changes to Illinois employment law. The General Assembly sent six employment law related bills to Governor Pat Quinn while leaving one major piece of unfinished business on its agenda. Illinois employers should be … Continue Reading

What Does the Massachusetts Medical Marijuana Act Mean for Employers?

Massachusetts recently became one of a number of states to legalize the use of marijuana for medical purposes. Regulations issued by the Massachusetts Department of Public Health are effective on May 24, 2013,  enabling  individuals  to  register  to  use  medical  marijuana. Massachusetts  employers  should consider this new law in administering their personnel policies with respect … Continue Reading

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

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

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

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.… Continue Reading

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

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?

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).… Continue Reading

Are Restrictive Covenants Enforceable in California? It Depends.

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.… Continue Reading

Supreme Court Vacates California Ruling on Arbitration Agreements

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

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.… Continue Reading

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

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. … Continue Reading
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