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

PAYROLL CARD ACCOUNTS

Shaw Valenza LLP • June 01, 2015
Employers are always looking for innovative ways to streamline their businesses and cut costs. One area many employers want to target? The cost of providing paper payroll checks to employees. The savings associated with eliminating paper checks are potentially significant. According to a recent survey, a business with 100 employees who are paid bi-weekly could save as much as $4,200 each year. A business with 500 such employees could save more than $21,000 each year.

Maryland Taxpayers May Be Due County Income Tax Credits, Supreme Court Rules

XpertHR • June 01, 2015
The US Supreme Court has ruled, in Comptroller of the Treasury of Maryland v. Wynne, that Maryland's income tax system, under which residents who pay taxes to another jurisdiction are entitled to credit those taxes against their state income taxes, but not their county income taxes, violates provisions of the US Constitution's Commerce Clause. As a result, a Maryland couple who paid income taxes to other states may be entitled to credit those taxes against their county income taxes, as well as their state income taxes.

Supreme Court, Maryland Address False Claims

XpertHR • June 01, 2015
The Supreme Court has provided guidance with respect to the ability of whistleblowers to file claims under the federal False Claims Act, while Maryland has expanded its fraud and retaliation protections by enacting its own version of the federal law.

Tacoma is the Third Washington City to Mandate Paid Leave

Littler Mendelson, P.C. • June 01, 2015
Earlier this year, the City Council of Tacoma, Washington approved a Paid Leave Ordinance (“Ordinance”).1 Starting February 1, 2016, nearly all private sector employers must provide employees who work in Tacoma specified amounts of accrued, job-protected paid leave for personal illness, family care, domestic violence, and bereavement. Tacoma is now the third city in Washington State, joining Seattle and SeaTac, to require that employers provide a paid leave benefit.

Connecticut Enacts Personal Social Media Protection; Oregon Poised to Add Twist to Its Law

Jackson Lewis P.C. • May 29, 2015
Connecticut has become the 21st state to enact a law limiting an employer’s ability to access the personal social media accounts of job applicants and employees. The new law (Public Act 15-6), signed by Governor Dannel P. Malloy on May 19, 2015, will become effective on October 1, 2015, and applies to all private and public employers, regardless of size.

Connecticut Restricts Employer Access to Personal Social Media, E-mail and Online Retail Accounts of Employees and Applicants

Littler Mendelson, P.C. • May 29, 2015
On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job applicants. Connecticut is the twentieth state to enact such legislation. Connecticut’s law generally is in line with similar state laws, having no outlier provisions that could pose a particular compliance challenge for multistate employers.

Massachusetts Supreme Judicial Court Issues Two Significant Opinions for Employers

Ogletree Deakins • May 29, 2015
In April 2015, the Supreme Judicial Court of Massachusetts issued two important decisions providing guidance for employers on the scope of Massachusetts’s wage and hour laws. In one decision, the Court held that employers may institute no-tipping policies in the Commonwealth without violating the Tips Act; however, employers must provide notice to customers of their no-tipping policies in order to avoid potential liability for the failure to treat change left by customers as tips. In the other decision, the Court found that taxi drivers are not properly considered independent contractors under the Massachusetts Independent Contractor Law.

Connecticut Restricts Employer Access to Personal Social Media, E-mail and Online Retail Accounts of Employees and Applicants

Littler Mendelson, P.C. • May 28, 2015
On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job applicants. Connecticut is the twentieth state to enact such legislation. Connecticut’s law generally is in line with similar state laws, having no outlier provisions that could pose a particular compliance challenge for multistate employers.

California Legislative Update

Littler Mendelson, P.C. • May 28, 2015
The end of the first week of June is the deadline for California bills to pass out of their house of origin. The following are significant bills affecting private-sector employers in the Golden State that have advanced to date:

Rhode Island and Federal Officials Agree to Cooperate in Investigating Independent Contractor Misclassification

Ogletree Deakins • May 27, 2015
On May 7, 2015, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) and the Rhode Island Department of Labor and Training (RI-DLT) entered into a Memorandum of Understanding (MOU) in which they agreed to share information on independent contractor misclassification and coordinate law enforcement efforts in that area.