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

California Governor Signs AB 1513, Severely Limiting Piece-Rate Compensation but Throwing a Liability Life Raft to Employers

Littler Mendelson, P.C. • October 13, 2015
On October 10, 2015, Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new California Labor Code section 226.2 and sets forth requirements for the payment of a separate hourly wage for “nonproductive” time worked by piece-rate employees, and separate payment for rest and recovery periods to those employees.

Health Care Workers Allowed to Waive Meal Period

Jackson Lewis P.C. • October 13, 2015
On October 5, 2015, Governor Jerry Brown signed into law a bill confirming that employees in the health care industry can waive one of their two meal periods when working a shift of over eight hours in a workday. This law clarifies confusion caused by a recently decided appellate case, Gerard v. Orange Coast Memorial Medical Center, 234 Cal.App.4th 285 (C.A. 4th, 2015) (review granted). The Gerard case is currently under review by the California Supreme Court.

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Littler Mendelson, P.C. • October 13, 2015
Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable deluge of new employment laws for the state’s private sector employees?

Change in Georgia’s First Offender Act Facilitating Employment to be Applied Retroactively

Jackson Lewis P.C. • October 13, 2015
Legislation overhauling Georgia’s probation system also affects Georgia’s First Offender Act (“GFOA”) (O.C.G.A. § 42-8-60 et seq.), which protects certain criminal defendants from being disqualified from consideration for employment based on their criminal record.

D.C. Council Considering 16-Week Employee Paid Leave Bill

Jackson Lewis P.C. • October 13, 2015
The Council of the District of Columbia is considering legislation that would give all D.C. residents and those employed in the District up to 16 weeks of paid family and medical leave every 24 months for certain qualifying life events, including bonding with a new child, recuperating from a military deployment, and caring for an ill family member. If passed, the bill would offer D.C. residents and workers the most generous paid leave in the country.

Ninth Circuit Addresses When Commuting Time May Be Compensable Under California Labor Code and What Must be Included in a PAGA Notice

Littler Mendelson, P.C. • October 12, 2015
The U.S. Court of Appeals for the Ninth Circuit recently addressed the compensability of commute time under the California Labor Code and the content required in a Private Attorneys General Act of 2004 (PAGA) letter.

UBS Whistleblower Protected Under Broadly Interpreted State Constitution Provisions

XpertHR • October 12, 2015
The Connecticut Supreme Court has ruled that, under the state constitution, employee speech relating to official job duties on "certain matters of significant public interest" is protected from employer discipline in a public workplace, and that those protections extend to employees in private workplaces.

Mary Jane has come a long way, baby

Constangy, Brooks, Smith & Prophete, LLP • October 12, 2015
In California, marijuana has gone from being an illegal drug to being big business.

Georgia Garnishment Ruling Modified by Judge, No Longer Applies to Wages

Jackson Lewis P.C. • October 12, 2015
Revising his September 8 decision that Georgia’s garnishment statute is unconstitutional, U.S. District Judge Marvin H. Shoob has issued an order stating that his ruling does not apply to wage garnishment cases filed against a judgment debtor’s employer. Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Oct. 5, 2015).

Everything You Need to Know About St. Louis’s Minimum Wage Law

Ogletree Deakins • October 09, 2015
On August 28, 2015, the city of St. Louis passed a law to raise its minimum wage. The minimum wage increase will start at $8.25 per hour and will increase to $11.00 per hour by 2018. Beginning on January 1, 2019, the minimum wage will increase annually on January 1 of each year on a percentage basis to reflect the rate of inflation.