Category Archives: State Law

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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

California Supreme Court Creates New Worker Classification Test

On Monday, April 30, 2018, the California Supreme Court issued its long-awaited ruling in Dynamex Operations West v. Superior Court. The new ruling adopts a new worker classification test and makes it easier for independent contractors to be found to be employees under California Industrial Welfare Commission (IWC) wage orders, which impose obligations relating to … 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 Paid Family Leave Law Becomes Effective Jan. 1, 2018

The New York Paid Family Leave law (NYPFL), which becomes effective Jan. 1, 2018, mandates that private employers provide coverage for certain types of employee leave. The benefits will be administered and payments made by the employer’s disability carrier (or by the employer if self-insured), in the same manner as disability benefits. Funding of the … Continue Reading

Philadelphia Becomes the First City to Prohibit Employers from Asking Applicants About Salary History

Employers who just last year revised their application forms to eliminate initial questions about past arrests and convictions, now have to revise them again to remove questions regarding current and past salary. On Jan. 23, 2017, Philadelphia’s mayor signed a wage equity ordinance (the Ordinance) which prohibits, among other things, employers from asking job applicants … 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

Virginia Letter Ruling Finds Nexus Based on Employee Working From Home

The Virginia Department of Taxation recently issued a letter ruling which determined that an employee working from home within the state creates corporate income tax nexus. Letter Ruling The Virginia Department of Taxation (the Department) recently responded to a request for a letter ruling regarding the issue of whether a single employee working from a … 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

Individual Manager Liability for Wage and Hour Violations Comes to California

California is not known as the most employer-friendly state from a wage and hour perspective. However, unlike federal courts, California courts have thus far been reluctant to allow claims to proceed against individual managers, officers and directors. Effective January 1, 2016, those high-level employees may refer to that reluctance as “how it was in the … Continue Reading

Whistle(blow) While You Work: Supreme Court Rules That “Watchdog” Employees Are Protected Under CEPA

On July 15, 2015, the New Jersey Supreme Court settled the debate over whether employees who are responsible for monitoring and reporting employer compliance may seek whistleblower protection under New Jersey’s Conscientious Employee Protection Act, N.J.S.A. § 34:19-1 et seq. (“CEPA”), and if so, under what circumstances. Ultimately, the court in Lippman v. Ethicon held … Continue Reading

Massachusetts Earned Sick Time Law Becomes Effective July 1, 2015

The Massachusetts Earned Sick Time Law (Mass. Gen. Laws ch. 149, § 148C), approved by a statewide ballot question last fall, goes into effect July 1, 2015. As of July 1, 2015, all employers must comply with the statute. Applicable regulations promulgated by the Massachusetts Attorney General have also been issued. Importantly, all employers operating … Continue Reading

Massachusetts’ Parental Leave Law to Offer Same Leave Benefits to Male and Female Employees

Written by Terence P. McCourt and Jack S. Gearan Beginning April 7, 2015, Massachusetts employers with six or more employees will be required to provide the same benefits and protections afforded by the Massachusetts Maternity Leave Act to both male and female employees, including eight weeks of job-protected leave for adoption or birth of a child. … Continue Reading

Illinois to Welcome New Year with New Employment Laws

Written by Howard L. Mocerf Three new employment laws will take effect for Illinois employers beginning Jan. 1, 2015: the “Ban the Box” law prohibiting employers from including on job applications inquiries into whether an applicant has ever been convicted of a crime; the Pregnant Workers Fairness Act (PWFA) that imposes new requirements on employers … Continue Reading

Massachusetts Voters Approve Ballot Question Mandating Paid Sick Time

On Nov. 4, 2014, Massachusetts voters approved a ballot question that entitles employees to earn up to 40 hours of sick time each year. Employees who work for Massachusetts employers having 11 or more employees could earn up to 40 hours of paid sick time per year. Employees working for smaller employers could earn up … Continue Reading

Labor Contractor and Independent Contractor Issues

California has, for a variety of reasons, become a particularly hostile environment for alternative workforces over the past few years. The court decisions over the past year have been quite aggressive in attacking a variety of independent contractor models. As has been the case, the key items of focus are the control the service recipient … Continue Reading

Employment Impact of the Imminent Issuance of Drivers Licenses to Persons Whose Presence in the U.S. is NOT Authorized by Federal Law

When the California Legislature chose to go its own way on immigration reform in 2013, it pulled employers in California into the middle of the immigration debate and a potentially very high stakes enforcement game. The constitutional issues with California’s choice can be left for another day and another forum. We deal here, today, with … Continue Reading

New Employment Practices Required by Federal Government Contractors

Two Executive Orders have been recently issued requiring federal government contractors to adopt practices ensuring the fair treatment of certain classes of workers. A new GT Alert, authored by  Johnine P. Barnes, Ryan C. Bradel and Józef S. Przygrodzki, discuss the “Fair Pay and Safe Workplaces Executive Order,” which makes a contractor’s compliance with certain … 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
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