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

Sexual Harassment Dominates California Legislation in 2018

Fisher Phillips • February 21, 2018
As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo movement have dominated discussion across all industries and sectors of business, entertainment, sports, and politics.

Court Approves $22.5 Million Settlement Covering S.C. Workers

Nexsen Pruet • February 21, 2018
Last week, more than a hundred South Carolina employees became eligible to receive millions of dollars from a settlement fund of $22.5 million. A federal judge approved settlement of a lawsuit against a steel mill in Huger, S.C. Nearly half of the settlement will go to the plaintiffs’ lawyers and the remainder will be allocated to eligible employees based on a settlement formula focusing on individual factors, including pay differentials allegedly due to lost promotions, and the frequency, severity, and duration of alleged racial hostility within the workplace.

Maine Recreational Marijuana Law Limits Drug Testing, Disciplinary Consequences Imposed by Employers

Jackson Lewis P.C. • February 21, 2018
A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes. The law also affects employers who employ employees subject to federal drug and alcohol testing regulations, as well as those employers who are exempt from complying with Maine’s drug testing law.

Ban-the-Box Laws in Spokane, Washington, and Kansas City, Missouri

Jackson Lewis P.C. • February 20, 2018
State and local jurisdictions have continued to consider and enact legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process. Two of the latest enactments are in Spokane, Washington, and Kansas City, Missouri.

Georgia Supreme Court Clarifies Insurance Company is Not ‘Financial Institution’ in Garnishment Law

Jackson Lewis P.C. • February 20, 2018
An insurance company named as a garnishee in a garnishment action is not a “financial institution” under Georgia’s garnishment statute when the garnishment is seeking earnings owed to its current or former employees.

New California Form Helps Employers Comply With Immigrant Worker Protection Act

Ogletree Deakins • February 19, 2018
The California Labor Commissioner’s Office has released a template notice form to help employers comply with the posting requirements under California Labor Code section 90.2(a)(1), also known as the Immigrant Worker Protection Act or AB 450, which requires employers in California to notify their workforces within 72 hours of any immigration law compliance inspection or audit initiated by federal agencies.

Does Anything Good Happen After Midnight? Austin, Texas Adopts Paid Sick Leave

Littler Mendelson, P.C. • February 19, 2018
At approximately 1:00 a.m. CST on February 16, 2018, the Austin, Texas City Council approved an ordinance establishing a paid sick leave requirement that will apply to all private employers located within the City. If, as expected, the mayor signs the ordinance, Austin will join the growing list of cities and states obligating employers to grant paid sick time to workers.

Austin’s Earned Sick Time Ordinance: 8 Things You Need to Know

Ogletree Deakins • February 19, 2018
In the early hours of February 16, 2018, the Austin City Council passed a new ordinance on earned sick time that affects employers in Austin, Texas. The ordinance will not take effect until October 1, 2018, and is likely to be challenged in court almost immediately.

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal and Rest Break Rules May Be Exempt From Labor Code Enforcement For Employers With Valid Collective Bargaining Agreements

Jackson Lewis P.C. • February 14, 2018
In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat the growing trend of wage and hour lawsuits in California. In granting defendant Kiewit Infrastructure West Co. (“Kiewit”) motion for summary judgment (by way of a motion for reconsideration), Judge Gutierrez dismissed various Labor Code claims, including claims for meal and rest break violations, because the claims were exempted by (rather than pre-empted by) Kiewit’s existing CBA. See Peter Zayerz v. Kiewit Infrastructure West Co., 16-CV-6405-PSC (PJW)(January 18, 2018).

Louisiana Court Upholds Ruling That House Painters Are Independent Contractors

Ogletree Deakins • February 14, 2018
The Louisiana Fifth Circuit Court of Appeal has held that painters may be treated as independent contractors if they bring some of their own tools, control their own schedules, and make decisions on how to complete the work for which they have been hired.

Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Jackson Lewis P.C. | California | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)