There are myriad special rules for employers operating in California, and even more were signed into law last term. 2018 was Jerry Brown’s last year of his second “two-term” round as governor. Both legislatively and judicially, 2018 was a busy year, with the legislature sending more than 1,000 bills to the governor. This GT Alert … Continue Reading
Congress passed the Eliminating Kickbacks in Recovery Act (the Act) in 2018 to prevent “patient brokering” in treatment for substance abuse disorders. The Act imposes criminal penalties against anyone who knowingly and willfully “solicits or receives any remuneration . . . in return for referring a patient or patronage to a recovery home, clinical treatment … Continue Reading
There have been many significant legislative developments over the past year which have and will affect private employers in New York and New Jersey. Federal, state, and local legislatures have been busy in the employment arena, promulgating rules and regulations affecting a broad range of well-entrenched employment practices. For instance, in New Jersey, pending legislation … Continue Reading
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
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
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
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
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
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
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
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
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
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
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
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
New York State’s minimum wage will gradually increase from the current rate of $7.25 per hour to $9.00 per hour over the next few years. The wage increases go into effect as follows: $8.00 on or after December 31, 2013; $8.75 on or after December 31, 2014; and $9.00 on or after December 31, 2015.… Continue Reading
On November 18, 2012, companies doing business in Newark, N.J., that employ five or more workers will be prohibited from conducting criminal background checks before or during the job application process.… Continue Reading
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
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
A bill has been introduced in the House of Representatives that would end the issuance of special certificates that allow employers to pay employees with disabilities below minimum wage.
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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
Philadelphia recently became the latest jurisdiction to join what appears to be a nationwide movement to “ban the box” — that is, the box on employment applications that asks job seekers to disclose criminal history. The new ordinance becomes effective on July 13, 2011. Prior to this date, employers subject to the law should revise … Continue Reading
Today, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
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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.
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