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ten most recent state employment law articles Ten Most Recent State Law Articles

California Supreme Court: Franchisor MAY Be Liable for Franchisee's Employee's Sexual Harassment Claim*

Shaw Valenza LLP • August 29, 2014
Taylor Patterson, an employee at a Domino's franchise in southern California, sued her employer (called "Sui Juris LLC") and her former manager for sexual harassment. She also sued Domino's Pizza, LLC, the franchisor.

Tennessee Court Of Appeals Issues New Guidance On Trade Secret Issues

Ogletree Deakins • August 29, 2014
On August 19, 2014, the Tennessee Court of Appeals became the first Tennessee appellate court to address the scope to which Tennessee’s Uniform Trade Secret Act (TUTSA) preempts common law claims related to unfair competition and misuse of confidential information. In Ram Tool & Supply Co., Inc. v. HD Supply Construction Supply, Ltd. the Tennessee Court of Appeals adopted the reasoning and rationale of one the most influential opinions in the country on TUTSA’s preemptive scope: Hauck Manufacturing Co. v. ASTEC Industries, Inc. The Hauck opinion was authored by Judge Collier of the U.S. District Court for the Eastern District of Tennessee at Chattanooga.

Healthcare Reform in the U.S. Territories; Prepayment of Taxes for Puerto Rico Retirement Plans

Ogletree Deakins • August 29, 2014
The summer of 2014 has brought further guidance for health plan coverage in the U.S. territories and for retirement plan coverage in Puerto Rico. Issuers and employer sponsors of Puerto Rico group health plans and employer sponsors of Puerto Rico retirement plans should review their plans to ensure compliance and explore the possibilities provided by the recent guidance.

California eAuthority (August 2014)

Ogletree Deakins • August 29, 2014
California Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions; California Court Interprets Vague Language in Arbitration Agreement in Favor of Employee; California Legislative Update: August 2014; A Bird’s Eye View of the DFEH: An Interview with Patti Perez (Part 2); From the California Blog: Employer Required to Reimburse Employees for Personal Cell Phone Use Despite Unlimited Minutes Plans

New Illinois Law Requires Employers to Provide Accommodations to Pregnant Employees and Applicants

Jackson Lewis P.C. • August 29, 2014
Illinois Governor Pat Quinn has approved a law providing additional protections for pregnant women in the workplace. The law will go into effect on January 1, 2015.

Governor Signs Bill Calling for Greater Protections for Pregnant Employees

Franczek Radelet P.C • August 29, 2014
House Bill 8, now Public Act 098-1050, was recently signed by Governor Pat Quinn. As we reported in June of this year, the resulting amendments to the Illinois Human Rights Act expand upon the anti-discrimination protections afforded expectant mothers in the workplace.

Pennsylvania Court Enforces Forum Selection Clause in Franchise Non-Compete Against Florida-Based Defendant, and His Non-Signatory Wife

Jackson Lewis P.C. • August 28, 2014
In yet another example of an increasing willingness to enforce properly-drafted forum selection clauses in non-compete disputes, a federal judge in the Eastern District of Pennsylvania recently denied a motion to dismiss and motion for transfer of venue brought by the former franchisee defendants, a husband and wife. AAMCO Transmissions, Inc. v. Romano, No. 13-5747 (E. D. Penn. Aug. 21, 2014).

New Pregnancy Discrimination and Accommodation Amendments to the Illinois Human Rights Act

Ogletree Deakins • August 28, 2014
On Monday, August 25, 2014, Governor Pat Quinn signed into law new pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act (IHRA), which will afford expectant mothers specific workplace protections during their pregnancy and childbirth. Affirmatively adding pregnancy as a protected characteristic under the IHRA, the amendments define pregnancy to include “pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.” The effective date of the amendments is January 1, 2015. Following are the key items that Illinois employers need to know:

California Court of Appeal Issues Expansive Expense Reimbursement Ruling

Littler Mendelson, P.C. • August 27, 2014
A California Court of Appeal recently issued a decision in Cochran v. Schwan’s Home Services, Inc., B247160 (Aug. 12, 2014) that took an expansive view of an employer’s obligation to reimburse employees’ business expenses. The trial court determined that no expense was incurred, and no reimbursement owed, unless the employee had to pay something out of pocket, above and beyond the expense to maintain the employee’s cell phone for personal use. The appellate court disagreed, finding that an employer is obligated to reimburse an expense, even if the employee has incurred no additional cost associated with the business use of the phone. In light of this decision, employers should conduct a careful and wide-ranging review of their reimbursement policies and take a hard look at what actually happens “in the field.” - See more at:

The Pacific N.W. Employer Fall 2014.

Jackson Lewis P.C. • August 27, 2014
The Pacific N.W. Employer Fall 2014.