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

New York State Appellate Court Finds Arbitration Agreement Requiring Employees to Bring Claims Individually Violates The National Labor Relations Act

Littler Mendelson, P.C. • July 25, 2017
On July 18, 2017, in Gold v. New York Life Ins. Co., New York’s Appellate Division, First Department1 issued a decision that directly contradicted the decision of the U.S. Court of Appeals for the Second Circuit in Sutherland v. Ernst & Young, LLP.2

New York Employment Law Changes Expand Worker Rights and Employer Obligations

XpertHR • July 25, 2017
When it comes to state and municipal employment legislation, the Empire State and the Big Apple are leading the way in seeking to level the playing field between employers and employees by ensuring workers a fair wage, added leave protections and predictable schedules. Thus, it is critical for New York State and New York City employers to be up to speed and know how these laws will affect the workplace in 2017 and going forward.

California’s Equal Restroom Access Act: 5 Facts You Need to Know

Ogletree Deakins • July 25, 2017
California’s Equal Restroom Access Act, which requires some establishments with single-occupancy restrooms to display signs indicating that the restroom is gender-neutral, has been in effect since March 1, 2017. Assembly Bill No. 1732 (AB 1732), which Governor Jerry Brown signed on September 29, 2016, requires these restrooms “to be identified as all-gender toilet facilities” and that the signs used to designate these restrooms comply with Title 24 of the California Code of Regulations.

Washington Enacts Paid Family and Medical Leave Law

Jackson Lewis P.C. • July 25, 2017
All Washington employers must provide paid family and medical leave under a bill signed by Governor Jay Inslee on July 5, 2017.

Former Employees Do Not Have Right to Inspect Personnel Files, Pennsylvania High Court Clarifies

Jackson Lewis P.C. • July 25, 2017
Terminated employees, even those recently separated, are not entitled to inspect their personnel file under the Pennsylvania Inspection of Employment Records Law (the “Act”), according to the Pennsylvania Supreme Court. Thomas Jefferson University Hospital, Inc. v. Pennsylvania Department of Labor and Industry, No. 30 EAP 2016 (June 20, 2017). This decision, authored by Justice David Wecht, puts an end to an employer’s previous conundrum of determining what constitutes “recently” separated when evaluating a former employee’s request to review his or her personnel file.

Expecting A Big Change: Nevada’s New Pregnant Workers’ Fairness Act

Fisher Phillips • July 25, 2017
The state legislature recently enacted the Nevada Pregnant Workers’ Fairness Act (NPWFA) to expand the scope of protection for employees and applicants. The NPWFA is based on the federal Pregnancy Discrimination Act (PDA), and is also strongly influenced by the American with Disabilities Act (ADA). It applies to employers in the state with 15 or more employees, as well as to state and local governments. Although many portions of the Act are not effective until October 1, 2017, the notice provisions took effect on June 2. If you are not yet familiar with this new law, the time to educate yourself is now.

What You Need To Know About Nevada’s New Domestic Violence Victims’ Law

Fisher Phillips • July 25, 2017
By the turn of the New Year, employers in Nevada will have an obligation to provide workplace protections to domestic violence victims, including time off from work. Starting January 1, 2018, Nevada employees will be entitled to leave above and beyond what may already be owed to them under the federal Family and Medical Leave Act (FMLA). Employers should begin preparing for this change to the law, revising policies, practices, and training sessions to reflect the change.

Nevada Follows Trend By Passing Strict New Wage Disclosure Law

Fisher Phillips • July 25, 2017
Many legitimate reasons exist to explain differences in compensation within a company, such as job qualifications and prior experience. Although employers may wish to maintain the privacy of this information, they could face legal consequences if they prevent employees from discussing their wages. Under the National Labor Relations Act (NLRA), employers cannot discriminate against non-supervisory employees when they discuss their wages as part of a “concerted activity,” regardless of whether they are unionized. Similarly, in 2014, the Obama administration issued an executive order prohibiting discrimination from federal contractors against employees or applicants who inquire about, discuss, or disclose their wages.

Nevada Changes The Game On Non-Compete Agreements

Fisher Phillips • July 25, 2017
The Nevada Supreme Court has long recognized the legality of non-compete agreements between employers and employees. Recently, however, the Nevada state legislature updated the rules on non-compete agreements, specifying how employers should draft their provisions and preventing employers from restricting former employees from providing services to customers or clients. If you use a non-compete agreement in Nevada, it is critical to review that agreement and determine if revisions are necessary.

Get To Know New Nursing Mothers’ Law For Nevada Workers

Fisher Phillips • July 25, 2017
Although the federal Fair Labor Standards Act (FLSA) already protects nursing mothers from employment discrimination and retaliation while requiring employers to provide them with reasonable break time and a private space to express breast milk, Nevada has taken things a step further. The state just enacted a broad new nursing mothers law for all public and private employers, other than the Department of Corrections, certain small employers, and certain licensed contractors.