Category Archives: Legislation

Subscribe to Legislation RSS Feed

Significant Changes Ahead as Massachusetts Noncompetition Agreement Act Signed Into Law

On August 10, 2018, Governor Baker signed into law the Massachusetts Noncompetition Agreement Act (the Act). The new law brings significant changes to the use and enforcement of noncompetition agreements in Massachusetts. The Act was passed as part of a comprehensive economic development bill and applies to noncompetition agreements entered into on or after October … Continue Reading

California Clarifies How Employers Can Use Salary History Information

On July 18, 2018, Governor Brown signed AB 2282, the Fair Pay Act Bill, into law to clarify Labor Code sections 432.3 and 1197.5 (also known as the California Equal Pay Act), which collectively dictate how employers can use salary history information of employees and applicants for employment. Existing law prohibits California employers from asking … Continue Reading

GT’s Labor & Employment Law Update 2017

The past year saw many significant developments in the area of labor and employment law at all levels of government. Simply by way of example, new legislation imposed additional obligations on employers that operate in New Jersey and New York; federal Courts of Appeals “clarified” standards applicable to workplace discrimination claims; and under the Trump … Continue Reading

New York State Department of Labor Proposes Expansion to Call-In Regulations as New York City Council Weighs Passing Right to Flex-Time Law

This year, New York City and New York State advanced a series of legislative and regulatory proposals affecting New York’s businesses and their employees. Following four public hearings across the state, the New York State Department of Labor (DOL) proposed regulations that would expand the current “call-in” regulations by requiring two weeks’ advance notice of … Continue Reading

D.C. Lawmakers Join California and New York Raising the Minimum Wage to $15

The District of Columbia Council recently passed a law to increase the minimum wage for employees to $15 by 2022. The District of Columbia joins other states in raising its minimum wage to rates higher than the current federal minimum wage of $7.25. The current minimum wage in the District ($10.50) is scheduled to rise … Continue Reading

The New Overtime Regulations and Their Impact on the Salary Basis Test

As we previously discussed here, the United States Department of Labor (DOL) recently changed the Fair Labor Standards Act’s (FLSA’s or the Act’s) Salary Level and Salary Basis tests for the white collar exemptions to the Act’s overtime requirement.  Effective Dec. 1, 2016, employees must be paid at least $47,476 annually and $913 per week … Continue Reading

2015 California Employment Law Legislative Update

At Greenberg Traurig, we live our motto “built for change” and apply it for the benefit of the businesses we serve. Our California Labor and Employment Practice appreciates that although California presents opportunity, it also presents an often unique set of employment risk propositions, and these risks are often just one set among a constellation … Continue Reading

NYC Council Passes Law Limiting Employer’s Right to Conduct Criminal Background Checks

The New York City Council passed a bill today precluding employers from doing criminal background checks on applicants until after a conditional offer of employment has been extended to the applicant.  The law would also require certain steps to be taken (similar to those under the Fair Credit Reporting Act) regarding providing information to the … 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

A New Beginning for ENDA? The Return of the Employment Non-Discrimination Act

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

Proposed Restrictive Covenant Law Threatens to Handcuff Employers

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

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

GT Alert — Massachusetts Personal Information Data Security Regulations: Are You in Compliance With the March 1 Deadline?

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

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

Which Employers Will Be Responsible For Health Coverage In 2014?

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

Parting Gifts from the Governator – California’s Significant New Employment Laws

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

New Massachusetts Laws Affect Employment Applications and Personnel Files

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

Employers Eligible for Estimated $10.4 Billion In Tax Breaks Under HIRE Act

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
LexBlog