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

Connecticut Supreme Court Provides Guidance on Independent Contractor Classification

Ogletree Deakins • March 22, 2017
The Connecticut Supreme Court has ruled that an individual can be considered an independent contractor even if he or she provides services to only one employer. The court’s decision, which was officially released on March 21, 2017, is important for any Connecticut business that utilizes contractor services.

5 Groundbreaking Changes in Puerto Rico Employment Law

XpertHR • March 22, 2017
“It was California on steroids,” says Littler global attorney Shiara Diloné, mincing few words about the state of Puerto Rico employment law prior to January 26, 2017. But with the stroke of his pen, Governor Ricardo Rossello appears to have changed that in signing the most comprehensive overhaul of Puerto Rico labor and employment law in 50 years.

Virginia Supreme Court Denies Expansion of Public Policy Exception for Wrongful Termination Claims

Littler Mendelson, P.C. • March 21, 2017
The Supreme Court of Virginia, in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., No. 160267 (Feb. 23, 2017), reaffirmed that the public policy exception to Virginia’s employment at-will doctrine is a narrow one. In Francis, the court held that to state a valid claim of wrongful termination based on public policy, an employee must allege either that the termination itself violated the public policy stated in the relevant statute, or that the employer prevented the employee from exercising statutory rights.

Puerto Rico Equal Pay Act Aims to Close Gender Pay Gap

Ogletree Deakins • March 21, 2017
On March 8, 2017, Puerto Rico continued the overhaul of its employment laws by enacting, with immediate effect, Act No. 16, known as the “Puerto Rico Equal Pay Act.” The act is not only similar to the federal Equal Pay Act of 1963, it also requires that Puerto Rico courts interpret the act in accordance with its federal counterpart and related federal regulations. Some of the key provisions of the act are summarized below.

It’s Getting Hot in Here! – Employers React with Concern and Confusion to Cal/OSHA Draft Indoor Heat Illness Standard

Fisher Phillips • March 21, 2017
For the past 12 years, California has maintained a Cal/OSHA standard designed to minimize heat illness in outdoor places of employment. However, legislation enacted last year (SB 1167) now requires Cal/OSHA to develop a heat illness standard applicable to indoor places of employment.

The Latest on Arbitration Agreements

Carothers DiSante & Freudenberger LLP • March 20, 2017
The validity of mandatory arbitration agreements continues to be a major focus of litigation and legislation. As employers know, the U.S. Supreme Court currently is reviewing the issue of whether class action waivers violate the NLRA in the consolidated matters Morris v. Ernst & Young, Lewis v. Epic Systems, and Murphy v. NLRB. Briefing is underway in those matters and oral argument is expected this fall.

California Legislative Watch: New Employment Bills

Carothers DiSante & Freudenberger LLP • March 20, 2017
Each legislative session, there are a number of employment-related bills introduced -- some of which are helpful for California employers (and almost always get killed in committee early on) and others which are bad for California employers. This blog includes a list of notable bills that have been introduced this session.

Illinois Garnishments News: Wage Assignments No Longer Expire in 84 Days

Ogletree Deakins • March 20, 2017
Recently, Illinois revised its wage assignment law. This development is important for multistate employers because Illinois is the only state with a statute that clearly and unequivocally provides that employers must honor contracts employees make with third parties to assign wages. Under the Illinois Wage Assignment Act, 740 ILCS §§170/.01 et seq., there are detailed steps that a creditor must take with an employee for an assignment to be legal and then again with the employer for the assignment to be enforceable against the employer. A highlight of three key changes to the law follows:

Maine Delays Effective Date of Anti-Discrimination Provisions of Recreational Marijuana Law

Littler Mendelson, P.C. • March 20, 2017
On November 8, 2016, Maine voters approved “Question 1”—An Act To Legalize Marijuana (“ALM” or “the Act”). “Emergency” legislation since passed by the Maine legislature and signed by Governor Paul LePage now provides employers with operations in Maine a temporary reprieve from complying with the anti-discrimination provisions of the ALM until February 1, 2018.

Hot List – What’s Happening in the California Legislature 3/20-3/24

Fisher Phillips • March 17, 2017
Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week.