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

New District of Columbia Pregnancy Accommodation Statute to Become Effective on March 3, 2015

Ogletree Deakins • February 26, 2015
Barring adverse congressional review, the District of Columbia’s Protecting Pregnant Workers Fairness Act of 2014 (PPWFA) will become effective on March 3, 2015. The new statute gives pregnant workers significantly broader protection than they have under current federal and District of Columbia law.

Cook County's New Wage-Theft Ordinance

Fisher & Phillips LLP • February 25, 2015
Cook County recently increased the stakes on wage and hour compliance for employers that transact business with or receive tax incentives from the County. After May 1, 2015, Cook County may refuse to allow businesses to operate or do business with the County for up to five years, if the business has been found in violation of state or federal wage-payment laws, regardless of whether the employees lived or worked in the County.

California Labor Commissioner Revises Sick Pay Notice Obligation

Ogletree Deakins • February 24, 2015
As the July 1, 2015 deadline for employers to implement California’s new paid sick leave law approaches, employers are finding a number of ambiguities in the law that make it challenging to implement. The Office of the Labor Commissioner seems to be facing the same challenges, because it recently changed its position with respect to the notice provisions of the law.

New York Attorney General Proposes Regulation of Payroll Cards

Fisher & Phillips LLP • February 24, 2015
Following his office’s 2013 investigation into payroll cards and release of a report on the issue in 2014, New York Attorney General Eric Schneiderman recently sent legislation regarding the use of payroll cards by employers to pay employees to the State Legislature for consideration and action.

Puerto Rico: Employers Must Take Immediate Action to Correct 2014 PR-W2s for Eligible Employees

Littler Mendelson, P.C. • February 23, 2015
Act 135 of August 7, 2014 amended the Puerto Rico Internal Revenue Code (PR Code) to exempt from taxation up to $40,000 of salary income earned by a “young employee.” PR Code defines a “young employee” as an employee between the ages of 16 and 23. The Act 135 exemption is in effect for all taxable years through December 31, 2019, including this most recent tax year.

New York Employers Relieved of Yearly Administrative Headache

Brody and Associates, LLC • February 23, 2015
New York’s Wage Theft Prevention Act (“WTPA”), effective since 2011, was recently amended to eliminate the requirement that employers notify employees of their pay rate and related information yearly, by February 1.

New Jersey's "Ban the Box" Law Takes Effect March 1, 2015

FordHarrison LLP • February 23, 2015
Executive Summary: The New Jersey Opportunity to Compete Act (the "Act"), known as the "Ban the Box" law, will go into effect on March 1, 2015. The Act prohibits employers from inquiring about an applicant's criminal background during the initial employment application process. Employers should ensure that their applications and hiring processes are in compliance with the Act before it takes effect next month.

Ninth Circuit to California Supreme Court: About that One Day's Rest in Seven Law?

Shaw Valenza LLP • February 20, 2015
If only I could ask the California Supreme Court to answer some wage and hour questions for my clients and me. Fortunately, the federal Ninth Circuit Court of Appeals has that authority.

New York Court Refuses to Enforce Agreement's Covenant Not to Compete Where Employer Breached the Agreement First

FordHarrison LLP • February 20, 2015
Executive Summary: The right to enforce a covenant not to compete may be lost when the employer first violates the terms of the same agreement, says a New York appeals court. In Fewer v. GFI Grp. Inc. et al., 124 A.D.3d 457, 2015 WL 176227 (First Dep't. Jan. 15, 2015), the Appellate Division covering New York County rejected GFI's attempt to enforce the covenant not to compete contained in the employment agreement of former derivatives desk president Donald Fewer because GFI breached the terms of the same agreement by demoting Fewer before he resigned. That breach also cost GFI the chance use the "employee choice" doctrine as an independent basis for enforcement of its non-compete provision.

Puerto Rico: Employers Must Take Immediate Action to Correct 2014 PR-W2s for Eligible Employees

Littler Mendelson, P.C. • February 20, 2015
Act 135 of August 7, 2014 amended the Puerto Rico Internal Revenue Code (PR Code) to exempt from taxation up to $40,000 of salary income earned by a “young employee.” PR Code defines a “young employee” as an employee between the ages of 16 and 23. The Act 135 exemption is in effect for all taxable years through December 31, 2019, including this most recent tax year.