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California’s Minimum Wage Could Be on the Rise
On May 30, the California Assembly passed AB 10, which aims to increase the state’s minimum wage incrementally over a three-year period to $9.25 per hour by 2016. California’s current minimum wage is...
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Nevada Restricts Use of Background Check Information
On May 23, 2013, Nevada became the tenth state to enact legislation restricting the use of credit background checks by employers. The new Nevada law goes into effect on October 1, 2013. Under the terms...
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Private Family Child Care and Home Health Care Providers Are “State...
Capping a tumultuous session, the 88th Minnesota legislature, on the final day of the 2013 session, passed a bill, S.F. 778, which had long been sought by labor unions. The bill gives unions the right...
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Why Can’t We Be “Friends”? Because The Oregon Legislature Says So
Riding a wave of national news stories about employers forcing applicants or employees to turn over social media passwords as a condition of employment, the Oregon legislature recently passed House...
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New Texas Law Limits Negligent Hiring, Supervision Claims Against Employers
On June 14, Governor Rick Perry signed a new law that will preclude most causes of action for negligent hiring or negligent supervision against employers, general contractors, and premises owners. The...
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California Supreme Court Rules Union Has Right to Employee Addresses and...
On May 30, the California Supreme Court issued its decision in County of Los Angeles v. Los Angeles County Employee Relations Commission. In that case, the state’s highest court decided the issue of...
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California Supreme Court Delays Decision in Key Arbitration Case
On June 21, the California Supreme Court vacated the submission on Sonic-Calabasas A, Inc. v. Moreno and ordered that the parties file supplemental briefs to address the U.S. Supreme Court’s recent...
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California’s Latest Concepcion Exception: Brown v. Superior Court of Santa...
California courts do not like class action waivers. For years, many California courts refused to enforce them, exposing California businesses to class action liability regardless of any agreement with...
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Conviction-less in Seattle? City Restricts Employer Use of Background Checks
Effective November 1, 2013, Seattle will restrict the use of criminal background checks by employers. The ordinance is broad in scope and covers all private employers with one or more employees in a...
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New Jersey Governor Signs Domestic Violence Victim Leave Law
On July 17, 2013, Governor Christopher Christie signed into law the “New Jersey Security and Financial Empowerment Act,” which becomes effective on October 1, 2013. The Act provides new leave rights to...
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Guns in Your Workplace? Illinois Employers’ Rights in Light of New Law
On July 9, Illinois lawmakers enacted the Firearm Concealed Carry Act (PA 098-0063) permitting private licensed citizens in Illinois to carry concealed firearms. The Act, which marks a drastic shift...
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R.I. Enacts “Ban-the-Box” Law, Limiting Employer Inquiries into Applicants’...
Effective January 1, 2014, a new law in Rhode Island will ban employers from inquiring on job applications about the criminal histories of applicants. Under the new law, most employers will have to...
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Minnesota Employers Beware: 2013 Legislative Changes
The 2013 legislative session was a busy one for the state’s legislators. During the 2013 legislative session, the Minnesota legislature passed a number of bills affecting Minnesota employers. As we...
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Minnesota Supreme Court Says Six-year Statute of Limitations Applies to Drug...
On July 31, 2013, in a case that possibly opens the door to enlarging the limitations period for other statutory claims, the Minnesota Supreme Court ruled that a longer statute of limitations applies...
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Under New California Law—No Proof of Sexual Desire Required to Prove Sexual...
On August 12, California Governor Jerry Brown signed into law Senate Bill (SB) 292 which amends section 12940 of the California Fair Employment and Housing Act. The bill addresses the decision in...
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Massachusetts SJC Holds That Wage Act Does Not Preempt Common Law and...
The Massachusetts Supreme Judicial Court (SJC) has overruled a Superior Court decision holding that a state statute requiring payment of wages preempts common law and equitable causes of action for...
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California Legislature Deliberating Changes to Remedies in Mixed Motive Cases
This past February, the California Supreme Court addressed the viability of a mixed-motive defense to employment discrimination claims brought under the Fair Employment and Housing Act (FEHA) in the...
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California Governor Signs Bill Limiting Attorneys’ Fees for Employers in Wage...
California Governor Jerry Brown on August 28, 2013, signed into law a measure limiting the ability of employers to obtain attorneys’ fee awards if they are prevailing defendants in wage disputes....
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New Law on the Horizon for Illinois Employers Settling Tort Claims
On January 1, 2014, a new section of the Civil Practice Law, “Settlement of claims; payment” (735 ILCS § 5/2-2301), will take effect. The Illinois legislature passed the law in an effort to expedite...
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New Jersey Legislative Summer Round-up: Social Media, Pay Equity Protection...
New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees...
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