Ten Most Recent State Law Articles
New York State Education Department Releases Guidance to Help Schools Comply with the Dignity Act
In November 2010, we alerted you to the passage of the Dignity for All Students Act (the "Dignity Act"), an act amending the New York State Education Law to provide that no student shall be subjected to "harassment" by employees or students on school property or at a school function. The Dignity Act, which takes effect on July 1, 2012, requires school districts to, in part, revise their codes of conduct and adopt policies intended to create a school environment free from harassment and discrimination. This article discusses the requirements for school policies and codes of conduct under the Act.
Illinois Passes Password-Privacy Law
The Illinois Senate approved a bill banning employers from requesting the Facebook passwords of employees and applicants on Tuesday, reports the Chicago Tribune. If Illinois' Governor signs the legislation, it will become the second state in the country to pass such a law. Maryland was the first--its law takes effect October 1.
Florida Judges May Not Connect With Lawyers Online
As I wrote a few years ago, judges in Florida may not be Facebook friends with any lawyer who may appear before the judge. (Opinion 2009-20, Nov. 17, 2009). Last month, the Florida Judicial Ethics Advisory Committee made clear that this prohibition extends beyond Facebook. In Opinion Number 2012-12, issued on May 9, 2012, the Committee opined that a judge may not be “connected” to lawyers who may appear before him on any social-networking site—including LinkedIn. The inquiring judge had posited that Facebook and LinkedIn have distinctly different purposes—one for personal use and one for professional use. Therefore, the inquiring judge asked, shouldn’t there be different standards for judges’ use of the two sites?
Partner Could Sue Partnership for Retaliation under FEHA, California Appeals Court Rules
A physician-partner in a medical practice could assert a retaliation claim under the California Fair Employment and Housing Act, the California Court of Appeal has held, reversing a judgment in favor of a medical partnership. Fitzsimons v. California Emergency Physicians Med. Group, No. A131604 (Cal. App. Dist. 1 Div. 3 May 16, 2012). The physician-partner reported alleged harassment of female employees within the practice while she served as the practice’s medical director. The Court ruled that, because the FEHA protects “any person” from retaliation, the physician could assert a claim for retaliation, even though, as a partner, she could not sue the practice for employment discrimination.
Why is Texas No. 1 in discrimination charges filed with the EEOC?
To paraphrase the title of Megadeth's debut album, “Killing Is My Business . . . And Business Is Good”: Discrimination is my business, and business is good.
Minnesota Supreme Court Expands Sexual Harassment Cause of Action under State Law
Executive Summary: Yesterday, the Minnesota Supreme Court concluded for the first time that a cause of action exists under the Minnesota Human Rights Act (MHRA) for a hostile work environment based on sex without evidence that the alleged conduct was also sexual in nature. This holding in LaMont v. Independent School District #728 therefore brings Minnesota state law on sexual harassment in line with its federal counterpart despite the differences in the language between the relevant statutes. Compare Minn. Stat. § 363A.03, subd. 43 (defining sexual harassment as "unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or communication of a sexual nature."), with 42 U.S.C. § 2000e-2(a)(1) (generally prohibiting sex discrimination).
Connecticut Court Restricts Customer and Vendor Information in April Fool's Day Joke Gone Wrong
On April 25, 2012, a Connecticut federal district court resolved an unfair competition discovery dispute concerning an alleged April Fool’s Day website post and bulk e-mail that the plaintiff claimed decreased attendance at a competitor’s conference. U.S. Magistrate Judge Joan Margolis ruled HR consulting firm SharedExpertise Media, LLC’s motion for an “attorneys’ eyes only” protective order to safeguard the identity of certain customers and prospects should only be granted [pdf] as to “customers, registrants, or e-mail recipients who have not been openly identified through resort to defendant’s websites.”
Connecticut Court Upholds Use of Fluctuating Workweek Method to Pay Salaried Non-Exempt Employees
Connecticut state law, like the federal Fair Labor Standards Act (“FLSA”), requires employers to pay non-exempt employees one-and-one-half times their regular rate of pay for any hours worked in a workweek in excess of 40. A Connecticut Superior Court has held that the fluctuating workweek method (“FWW”) of overtime calculation complies with Connecticut state wage law. See Roach v. Moran Foods, No. HHD-CV-11-6023386-S (Conn. Super. Mar. 16, 2012). The court reasoned that because the Connecticut Legislature identified in the wage law (C.G.S.A. § 31-76(b)(1)) a specific category of employees (i.e., delivery drivers) to which the FWW method may not apply, the intent of the Legislature was to allow the FWW to apply to other employees.
Tennessee Unemployment Reform Benefits Employers
On May 9, 2012, Tennessee Governor Bill Haslam signed into law a series of unemployment reforms designed to reduce fraud and assist employers. Claimants who are terminated for "misconduct" are disqualified from receiving unemployment benefits. Previously, the definition of misconduct was somewhat ambiguous and difficult for employers to prove. Under the new law, employers only need to show that the claimant violated one of the employer's policies in order to establish misconduct. A violation of an employer's policy will automatically establish misconduct, unless the claimant can show that he did not know and could not reasonably have known of the employer's policy, or the employer's policy is unlawful or not reasonably related to the job.
Overhaul of The Mississippi Workers' Compensation System
On May 14, 2012, Mississippi Governor Phil Bryant signed into law Senate Bill (S.B.) 2576, initiating sweeping changes to Mississippi's workers' compensation system and overturning the court precedent that presumes the compensability of a claim should favor the injured worker.
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