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

Missouri’s Right-to-Work Bill: Not as Soon as the Legislature Intended but Perhaps Sooner Than the Unions Want

Ogletree Deakins • May 22, 2018
In February of 2017, Missouri Governor Eric Greitens signed Senate Bill 19, which was intended to make Missouri the 28th right-to-work state in the United States. Senate Bill 19 was scheduled to take effect on August 28, 2017. In response, unions mounted petition drives and filed signatures in support of Referendum Petition 2018-R002 with the Missouri secretary of state. To be valid, this petition was required to have been signed by at least five percent of the registered voters in six of Missouri’s eight congressional districts. On November 22, 2017, Missouri Secretary of State Jay Ashcroft issued a certificate of sufficiency declaring that Referendum Petition 2018-R002 had received the requisite number of signatures and that Missouri voters would decide whether to enact a right-to-work law in November 2018 (unless a different date was designated by the Missouri General Assembly). Right to work will become the law of Missouri only if ratified by a majority of the Missouri electorate, as is required by Article III, Section 52(b) of the Missouri Constitution.

Rhode Island Paid Sick and Safe Time Rules Raise as Many Questions as They Answer

Littler Mendelson, P.C. • May 21, 2018
On May 11, 2018, the Rhode Island Department of Labor and Training finalized regulations concerning the state’s mandatory paid sick and safe time law,1 the Healthy and Safe Families and Workplaces Act (HSFWA). The regulations clarify some issues like business size and pay rate calculations and fill some gaps left by the enacting statutes. Yet the regulations fail to provide sufficient clarification on certain issues and interpret some more common provisions in a novel way that may leave employers scratching their heads.

Share The Patchwork of States Prohibiting Salary History Inquiries Grows to Include Vermont and Likely Connecticut

Ogletree Deakins • May 20, 2018
Vermont and likely Connecticut will soon join California, Delaware, Massachusetts, Oregon, and Puerto Rico (along with various cities and counties) in prohibiting salary history inquiries.

NYC Employers Must Take Immediate Steps to Comply with Expanded Sick Leave Law

Fisher Phillips • May 18, 2018
New York City recently expanded its paid sick leave law to provide protected time off to employees who are the victims of domestic violence, sexual assault, stalking, or human trafficking and to broaden the definition of a covered family member. The expansions to the city’s sick leave law, now dubbed the NYC Earned Safe and Sick Time Act (the “Act”) took effect May 5, 2018. Employers must take immediate steps to comply with the expanded law.

Sexual Harassment Claims Gain More Transparency Under Maryland Law, Uber Policy

XpertHR • May 18, 2018
The #MeToo movement revealed that a culture of sexual harassment thrives in secrecy and that bringing sexual harassment and misconduct claims to light is essential to ending these unlawful practices. To that end, Congress disallowed taking as a business deduction the cost of any settlement of a sexual harassment case that includes a nondisclosure agreement and many states, like New York, are enacting new laws targeting employers that hide sexual harassment settlements.

A Tale of Two Judges: Lack of Binding Precedent on Arbitration Agreements Causes Uncertainty for Rhode Island Employers

Ogletree Deakins • May 16, 2018
Can two judges on the same court reach contradictory conclusions about the enforceability of the same arbitration agreement presented to two employees in the same manner? In Rhode Island, the answer is yes, as the U.S. District Court for the District of Rhode Island’s recent decisions in Conduragis v. Prospect CharterCARE, LLC and Britto v. St. Joseph Health Services of Rhode Island demonstrate. These decisions underscore the leeway that trial courts in Rhode Island have when ruling on the enforceability of arbitration agreements—and the resulting uncertainty that employers face when drafting such agreements.

Are You Big Brother? You Are If You Use Electronic Monitoring!

Brody and Associates, LLC • May 16, 2018
In Connecticut, if you are an employer and engage in electronic monitoring you must post a notice to employees of the monitoring. But, what is electronic monitoring?

Does The De Minimis Defense Apply To California Labor Code Claims?

Jackson Lewis P.C. • May 16, 2018
The California Supreme Court recently heard the case of Troester v. Starbucks Corporation which could significantly increase employers’ exposure to claims by hourly paid employees for small pre-shift and post-shift tasks that are currently treated as insignificant and not compensable.

2018 Arizona Legislative Session: What’s New for Arizona Employers?

Ogletree Deakins • May 16, 2018
Arizona’s fifty-third legislature ended in early May of 2018 while over 50,000 demonstrators protested for increased education funding at the state capitol. While the #RedForEd movement essentially ground all remaining legislative action for the 2018 session to a halt, the legislature did manage to pass 369 bills this session before its attention turned entirely to education funding. However, only four bills that substantively impact employers made it to the governor’s desk and either received his signature or were allowed to become effective after the veto deadline passed. Among those that did not make the cut was a provocative bill to place a referendum before Arizona voters to freeze the minimum wage at $10.50 per hour and rescind the paid sick leave law that voters passed in 2016.

San Francisco Revises Paid Sick Leave Ordinance Rules

Littler Mendelson, P.C. • May 15, 2018
On May 7, 2018, the San Francisco Office of Labor Standards Enforcement (OLSE) published revised rules concerning the city’s generous Paid Sick Leave Ordinance (PSLO). The new rules come more than 10 years after the original groundbreaking rules were published in 2007. In the interim, a statewide paid sick leave law was created,1 effective July 2015,2 and the San Francisco ordinance was amended, effective January 2017.3 Aside from a handful of changes, the final substantive PSLO rules mirror the rules proposed in mid-March. Below we discuss the more notable new rules.