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

Connecticut’s New Minimum Wage Law Includes Major Changes

Goldberg Segalla LLP • April 18, 2014
Connecticut recently became the first state in the country to increase the minimum wage to $10.10 per hour by the year 2017, the same rate that President Barack Obama has been seeking for the federal minimum wage. Connecticut lawmakers passed the historic bill on March 26, 2014, and it was signed into law by Governor Dannel Malloy the following day. Connecticut had just voted to increase the minimum wage last year, to its current level of $8.70 per hour.

Deadline for Philadelphia Employers to Post New Notice of Rights for Pregnant Employees is Approaching

Ogletree Deakins • April 18, 2014
his Sunday, April 20, marks the deadline by which Philadelphia employers must provide their employees with written notice of a recent amendment to Philadelphia’s Fair Practices Ordinance. The amendment provides additional protections to pregnant employees.

Wisconsin Limits Employers’ Access to Personal Social Media Accounts of Employees, Job Applicants

Jackson Lewis P.C. • April 18, 2014
Adopting restrictions on employers’ ability to access the social media accounts of employees and job applicants, Wisconsin has joined 12 other states with similar restrictions.

California Court Gives the Green Light for Arbitration of Wrongful Termination Suit

Ogletree Deakins • April 17, 2014
Sanchez v. CarMax Auto Superstores California, LLC, B244772 (March 4, 2014): The California Court of Appeal recently found that an employer’s arbitration agreement and dispute resolution rules and procedures (DRRP) are not “unduly harsh, oppressive, or one-sided” even though they set limitations on discovery and require the employee to complete an arbitration request form. The three-judge panel rejected the trial court’s decision to deny the employer’s motion for arbitration on the basis that the arbitration agreement and DRRP “are permeated with unconscionability.”

Minnesota Passes Minimum Wage Increases

Jackson Lewis P.C. • April 17, 2014
Minnesota Governor Mark Dayton has signed a law increasing the minimum wage in Minnesota to $9.50 an hour by 2016. The first of three increases will be effective August 1, 2014.

California Court of Appeal: Fitness for Duty OK after Reinstatement from FMLA Leave

Shaw Valenza LLP • April 17, 2014
Susan White was an investigator for the LA County District Attorney. She makes a number of errors and acted erratically over the course of several months. She was making her co-workers nervous about her judgment. She was in a dangerous job, sometimes involving arrest warrants and the like. She had problems giving testimony at trials, resulting in a defense lawyer filing perjury charges against her.

Illinois Senate to Consider a Bill Providing New Protections for Pregnant Employees

Franczek Radelet P.C • April 17, 2014
Last week, the Illinois House of Representatives approved a bill to strengthen protections for pregnant employees in the workplace. HB 8, introduced by Rep. Mary Flowers (D-Chicago) and supported by Governor Pat Quinn, would amend the Illinois Human Rights Act to require employers to provide reasonable accommodations to employees for conditions related to pregnancy and childbirth. The bill would cover all working women, including full-time, part-time, and probationary employees.

New Kentucky Data Breach Notification Law also Protects Student Data in the Cloud

Jackson Lewis P.C. • April 17, 2014
Kentucky has become the 47th state in the nation to enact a data breach notification law. H.R. 232, signed by Governor Steve Beshear on April 10, 2014, requires companies to notify residents of the Bluegrass State of security breaches of information involving their personally identifiable information. The new law also limits how cloud service providers can use student data.

Tennessee Employers Beware—Make Sure You Are Paying Your Employees On Time

Ogletree Deakins • April 15, 2014
Tennessee requires employers to comply with several requirements when it comes to paying employees their wages. Most of these requirements are set out in the Tennessee wage payment statute. Employers are required to maintain regular paydays and notify employees of when these paydays are with written notices posted in at least two locations in the workplace.

Recent Puerto Rico Court of Appeals Rulings Provide Guidance Regarding What Constitutes a Transfer of Going Business

Littler Mendelson, P.C. • April 15, 2014
Two recent rulings from the Puerto Rico Court of Appeals provide guidance as to what constitutes the transfer of a going business vis-à-vis the closing of a business, to determine whether the employer is liable for payment of severance to employees who are discharged within the context of those transactions.