Ten Most Recent State Law Articles
Connecticut Enacts New Laws Expanding Protections for Veterans and Revising the State Military Leave Law
Connecticut Governor Dannel P. Malloy has signed two laws expanding benefits and protections to veterans. The first would reinstate eligibility for state benefits to any veterans discharged from the armed services, regardless of discharge classification, who were denied benefits solely based on their sexual orientation (Pub. Act 13-48). The second would revise current military leave protections to employees who are members of the state armed forces who take time from their employment to perform ordered military duty (Pub. Act 13-49). The laws become effective on October 1, 2013.
Restaurant Industry Legal Alert: Answers To Frequently Asked Questions Concerning California's Human Trafficking Notice Requirements
In response to our June 6, 2013 Restaurant Industry Newsletter, we received several questions about whether California's human trafficking statute applies to all restaurants and drinking establishments. As a result, we are providing the following answers as a guide to help you determine whether you must comply with the statute.
Nevada Imposes Restrictions On The Use Of Credit Reports In Employment Decisions
Employers frequently use credit reports (sometimes referred to as “consumer reports”) as a tool in determining whether to hire, promote or retain an employee. The Fair Credit Reporting Act (FCRA), a federal law, allows an employer to deny employment based on the content of a consumer report, but requires various notices and disclosures, e.g., obtaining the applicant or employee’s authorization before requesting a credit report, giving the applicant or employee notice and information before taking any potential adverse action based on the report, and giving notice and information if an adverse action is actually taken based in whole or in part on the content of the report.
Nevada: Inquiring About Personal Social Media Will Be Illegal
Unless it is necessary to comply with a state or federal law or regulation, effective October 1, 2013, it will be illegal for a Nevada employer to require, request, or even suggest that an employee or a prospective employee disclose the user name, password or other access information to his or her personal social media account.
Massachusetts Independent Contractor Law May Apply to Workers Outside Massachusetts
The Massachusetts Supreme Judicial Court recently held that the Massachusetts Independent Contractor Law may apply to individuals who perform services outside of Massachusetts for a Massachusetts company. The decision, Taylor v. Eastern Connection Operating, Inc., significantly expands the potential reach of Massachusetts wage and hour laws.
Seattle Adopts Ordinance Limiting Inquiries Into and Use of Criminal Records for Employment Purposes
Effective November 1, 2013, Seattle, Washington will join various other jurisdictions (most recently Minnesota, Indiana, North Carolina and Buffalo, New York) that limit inquiries into and the use of criminal records for employment purposes.1 On June 10, 2013, the Seattle City Council adopted Council Bill 117796 (the "Ordinance"), which Mayor Mike McGinn is expected to sign.2 The Ordinance provides for administrative enforcement but affords no private right of action. Nonetheless, employers with operations or employees in Seattle should review the prohibitions in the Ordinance and should also continue to monitor related developments across the U.S.
Recent Decisions Provide Guidance on Drafting Noncompetition Agreements under Massachusetts Law
Your Vice President of Sales announces that she is leaving to work for your biggest competitor. She signed a noncompetition agreement when she joined the company five years ago as a junior sales associate. Can you get an injunction preventing her from competing with your company? In Massachusetts, the answer may depend on the applicability of the "material change doctrine."
Minnesota Legislature Modifies Whistleblower Statute
On May 24, 2013, Minnesota Governor Mark Dayton signed into law a bill that the plaintiff's bar is likely to argue expands the scope of whistleblower protections for both public and private sector employees under the Minnesota Whistleblower Act ("MWA"). The bill, originally touted as a narrow expansion of protection afforded to certain state employees, adds new statutory definitions that apply to private employers as well.
California Private Sector Employment Legislation Update
May 31 was the deadline for most California state bills to pass their house of origin to be further considered in this year’s legislative session, so the winnowing proceeds.
Colorado Family Care Act To Go Into Effect
On May 3, 2013, Colorado Gov. John Hickenlooper signed into law the new Family Care Act (FCA). The law attempts to broaden the qualifying reasons for employee leave under the federal Family and Medical Leave Act (FMLA).
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