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

Beware of How you Pay Your Employees You May Pay More

Fisher & Phillips LLP • November 21, 2014
Todd Scherwin and Jonathan Liu’s article “Beware of How you Pay Your Employees You May Pay More” was featured in California Clubs of Distinction’s Third Quarter Newsletter.

Newspaper Carriers were Employees, Despite Independent Contractor Agreement, California Court Rules

Jackson Lewis P.C. • November 20, 2014
A newspaper misclassified its newspaper carriers as independent contractors, the Superior Court for the County of Sacramento has ruled following a trial in a class action for employees’ unpaid mileage expenses under Section 2802 of the California Labor Code. Sawin v. The McClatchy Co., No. 34-2009-00033950 (Cal. Super. Ct. Sept. 22, 2014). Although the newspaper carriers signed agreements stating they were independent contractors, set their own schedules and routes, and could hire their own workers, the Court found the newspaper exercised such significant control over the newspaper carriers’ performance of their duties that it “belie[d] the contrary pronouncement in the form contracts….”

New Jersey Workplace Poster Requirements Continue to Grow

Ogletree Deakins • November 19, 2014
New Jersey employers may need to put “bigger bulletin board” on their holiday list this year as the number of required workplace posters continues to grow, especially with the proliferation of municipal paid sick leave laws. Several laws also have time-of-hire and annual distribution (not just posting) requirements, so employers are wise to confirm that they are up to date on all the latest requirements.

PROPOSED AMENDMENTS TO FEHA REGULATIONS

Shaw Valenza LLP • November 17, 2014
The California Fair Employment and Housing Council is considering proposed amendments to the regulations interpreting the Fair Employment and Housing Act (FEHA). The draft regulations are posted at www.dfeh.ca.gov.FEHCouncil.htm. They reflect recent amendments to the FEHA itself and changes based on case law developments and accepted “best practices.” The following summarizes the most significant proposals.

Court of Appeal: Meal Period Class Action Not "Welcome to Walgreens"

Shaw Valenza LLP • November 17, 2014
This is not a class action post, bored blog readers. Read this one if you are interested in meal and break issues.

How Different is California From the Rest of the United States?

Littler Mendelson, P.C. • November 17, 2014
It has been said that in many ways—including politically—the Golden State seems to march to the beat of its own drum. Accordingly, it comes as little surprise that the red Republican breaker that swept across the United States in last Tuesday’s election caused only a small wave in deep blue California.

Massachusetts Attorney General Issues Guidance on New Domestic Violence Leave Law

Ogletree Deakins • November 17, 2014
In August of 2014, Massachusetts enacted broad reforms of the Commonwealth’s domestic violence laws. As Ogletree Deakins detailed in an August 18, 2014 Massachusetts eAuthority, “Domestic Leave Now Mandated in Massachusetts,” the reforms included a new law that requires employers with 50 or more employees to provide up to 15 days of leave from work during a 12-month period to employees who are victims of domestic abuse or are related to a qualifying family member who is a victim. The Office of the Massachusetts Attorney General, which is responsible for enforcing this law, recently issued advisory materials about the domestic abuse leave requirement. These guidance documents primarily track the detailed language of the law itself and provide useful summaries of the law. The guidance also provides the Attorney General’s views on certain undefined portions of the law.

Oakland, California, Passes Minimum Wage, Paid Sick Leave, Hospitality Service Charges Measure

Jackson Lewis P.C. • November 13, 2014
A City of Oakland ballot measure increasing the minimum wage for most employees, requiring paid sick leave and mandating payment of employer-levied service charges to employees has passed with over 80 percent of the vote. Measure FF’s provisions raising the minimum wage and requiring paid sick leave will go into effect March 2, 2015; the provision tendering payment of service charges takes effect 10 days after the Oakland City Council formally declares the election results.

More Headaches for NJ Employers as Six More Towns Pass Sick Leave Ordinances

Goldberg Segalla LLP • November 13, 2014
The proliferation of municipality sick leave laws in New Jersey continues with no sign of letting up. Passaic, East Orange, Paterson, and Irvington recently passed their own paid sick leave ordinances, and voters in Trenton and Montclair approved similar laws in the recent election. It is imperative for employers in these cities to take proper precautions and look closely at current sick leave policies.

Massachusetts Voters Say "Yes" to Mandatory Sick Time

FordHarrison LLP • November 13, 2014
Executive Summary: On election day, Massachusetts voters approved a ballot initiative requiring employers to provide sick time to their employees. Absent legislative repeal, the mandatory sick time law will become effective on July 1, 2015.