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

New Jersey Supreme Court Broadly Defines “Marital Status” Discrimination

Fisher Phillips • July 25, 2016
The New Jersey Supreme Court recently interpreted the state’s antidiscrimination law in an expansive manner, concluding that a broad spectrum of individuals can file suit and claim that their employers unfairly discriminated against them on the basis of their marital status. Not only will plaintiffs who believe they were targeted for mistreatment on the basis of their current marriage be able to find refuge under the law, but also will those engaged, separated, divorced, widowed, or even those who have never been married.

It’s Time to Update Physician Noncompete Agreements in Connecticut

Ogletree Deakins • July 24, 2016
There have been a number of recent legislative developments that will impact physician noncompete agreements entered into in Connecticut. First, any physician noncompete agreement entered into on or after July 1, 2016, must comply with Public Act No. 16-95 (the Act), which was signed into law by Governor Dannel P. Malloy on June 2, 2016. In short, the Act prohibits noncompete agreements that restrict physicians from competing for a period longer than 1 year or provide for a geographical restriction of more than 15 miles from the primary site where the physician practices. In addition, the Act provides that noncompete agreements will be enforceable only when a physician resigns or is discharged for cause. In other words, if an employer terminates a physician’s employment without cause, the physician is free to ignore the noncompete provision in his or her employment agreement.

Can an Employee Openly Smoke Pot at Work and Not Get Fired?

Brody and Associates, LLC • July 24, 2016
The Connecticut Supreme is about to decide if an employee can smoke pot on the job and not get fired. On March 31, 2016, the Supreme Court heard oral arguments on this point in State of Connecticut v. Connecticut Employees Union Independent et. al.

California Public Works Contractors Will Be Required to Submit Payroll Records Electronically Starting August 1

Ogletree Deakins • July 24, 2016
The California Department of Industrial Relations (DIR) announced this week that the requirement for public works contractors and subcontractors to submit certified payroll records (CPRs) electronically using the DIR’s electronic certified payroll reporting (eCPR) system will resume on August 1, 2016.

New Louisiana Laws Will Impact Employers

Ogletree Deakins • July 24, 2016
In recent months, the Louisiana Legislature has passed several bills that have been signed into law, which will affect Louisiana employers. These new laws are effective August 1. In addition, the governor signed an executive order, effective July 1, 2016, extending new protections to lesbian, gay, bisexual, and transgender employees who work for contractors that perform work for the State of Louisiana.

Employers Subject to California Prevailing Wage Beware! California Will Resume Enforcement of The Requirement To Electronically Submit Certified Payroll Records

Jackson Lewis P.C. • July 21, 2016
On July 20, 2016, California Department of Industrial Relations (“DIR”) issued a press release stating DIR enforcement of a contractor and subcontractor’s requirement to submit certified payroll records(“CPRs”) using DIR’s online system will resume on August 1. DIR clarified that the requirement to keep CPRs has not changed. Previously, DIR suspended enforcement of filing CPRs electronically because of problems with the system and improvements.

Are My California Pay Stubs Compliant?

Jackson Lewis P.C. • July 19, 2016
Nearly all California employment wage and hour class action lawsuits assert a cause of action under California Labor Code Section 226 as plaintiffs’ attorneys almost always automatically include such cause of action when there are other alleged underlying wage violations, i.e. failure to pay overtime.

New PAGA Amendments – What Employers Doing Business in California Need to Know

Jackson Lewis P.C. • July 19, 2016
We previously reported on Governor Brown’s 2016/2017 budget change proposal as something employers should monitor.[1] The proposal included increased funding for the Labor & Workforce Development Agency (“LWDA”), the agency responsible for overseeing the Private Attorneys General Act of 2004 (“PAGA”). The budget proposal also contained recommendations for widespread changes to the way PAGA cases are handled.

Kentucky Adopts Federal OSHA Recordkeeping Changes

Fisher Phillips • July 18, 2016
The Kentucky Labor Cabinet’s Department of Workplace Standards, Division of Occupational Safety and Health Compliance has published its intent to adopt certain Federal OSHA Recordkeeping regulations, including the new electronic reporting and anti-retaliation provisions published in the May 12, 2016 Federal Register (view proposed regulations). States that have their own OSHA plan, such as Kentucky, are required to have OSHA programs that are at least as effective as Federal OSHA, and are consequently required to adopt and implement new federal standards, or a more stringent standard, within six (6) months of the adoption or amendment by Federal OSHA. This new rule in Kentucky is set to take effect on January 1, 2017.

New York City Expands Law Governing Displaced Building Service Workers

Littler Mendelson, P.C. • July 17, 2016
Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally adopted, the Act required one building service contractor taking over another contractor’s work to retain the prior contractor’s building service workers for a 90-day transition period, during which they could not be discharged without cause, and after which they had to be offered continued employment if their performance during the transition period was satisfactory.1 These requirements remain, but the new amendments significantly expand the Act’s coverage.