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

New York Paycard and Direct Deposit Final Regulations Impose Many New Employer Requirements, Restrictions

XpertHR • September 29, 2016
After issuing three drafts of proposed regulations and requests for employer comments during a regulatory process that began more than one year ago, the New York State Department of Labor has issued final regulations governing the use of paycards and direct deposit to pay employees' wages.

CA Employers: Learn Your I-9 Rules or Pay Up to $10,000

Shaw Valenza LLP • September 29, 2016
The employment of more undocumented immigrants, formerly known as illegal aliens, remains a top priority for the California legislature. Whatever you think of that, the policy creates a dilemma for employers.

Federal Contractors: Federal Paid Sick Leave Final Regulations Are Here

Shaw Valenza LLP • September 29, 2016
California employers have to provide paid sick leave. How much paid leave, and how to administer it, depends where your business is located within the Golden State. There is a statewide law, and a growing list of local ordinances. San Francisco, Oakland, Emeryville, and Los Angeles are some of the localities that have passed ordinances. Employers trying to harmonize state and local law must provide leave on whatever terms are most generous. That can cause some traps, particularly with respect to how the leave accrual is counted. And don't forget the posters!

New Jersey Senate Approves Legislation Extending Unemployment Benefits to Striking Workers

Ogletree Deakins • September 29, 2016
Under current New Jersey law, most individuals who are unemployed due to a stoppage of work are disqualified from unemployment benefits. While the New Jersey Supreme Court held that strikers are entitled to unemployment benefits as long as the stoppage of work does not result in a 20 percent or greater reduction in the employer’s output of goods or services, that framework still left many strikers ineligible for benefits.

How Can Employees Help Victims of Louisiana’s August 2016 Storms. . .Through an Employer Leave Donation Program or Leave Sharing Program?

Jackson Lewis P.C. • September 29, 2016
In mid-September, the IRS announced income tax relief for individuals who donate through their employers to aid victims of the Louisiana storms that began on August 11, 2016. See IRS Notice 2016-55 (Sept. 16, 2016). To get this special relief — similar to that provided for leave donation aid given after the September 11, 2001 terrorist attacks, Hurricane Sandy, and the Ebola outbreak in Africa — an employer must establish a leave-based donation program (a “Leave Donation Program”). Under that program, employees forego their vacation, sick, or personal leave and ask the employer instead to make a cash-equivalent donation to charitable organizations aiding those victims from the Louisiana storms.

A Reprieve for Arizona Businesses: State Judge Stays More Than 1,100 Cases by Serial ADA Plaintiff

Ogletree Deakins • September 29, 2016
On September 23, 2016, an Arizona judge granted at least a temporary reprieve to more than 1,100 Arizona businesses that have been beleaguered by lawsuits alleging that their parking lots lack sufficient accessible parking spaces for the disabled, or that spaces are not marked with adequate signage. The Honorable David M. Talamante entered an order consolidating and temporarily staying all of the cases that remain pending out of more than 1,500 cases filed in Arizona this year by a single plaintiff’s counsel, Peter Strojnik, and his affiliated clients alleging violations of Title III of the Americans with Disabilities Act of 1990 (ADA) and the Arizonans with Disabilities Act (AzDA). All deadlines and other activity in the pending cases are stayed until the court orders otherwise, and the plaintiffs are barred from filing any new complaints raising substantially similar legal issues without leave of the court.

A Couple of New California Employment Laws that Require Attention

Shaw Valenza LLP • September 28, 2016
Here are two recently signed laws that will go into effect 1/1/17.

Morristown, New Jersey, Paid Sick Leave Ordinance Effective 2017

Jackson Lewis P.C. • September 28, 2016
Morristown, New Jersey, Mayor Timothy P. Dougherty has signed an Executive Order (No. 16-01) delaying the effective date of Morristown’s Paid Sick Leave Ordinance, O-35-2016, from “upon passage and publication” to January 11, 2017.

Texas Court Reminds Lost Sales Are Not Lost Profits

Jackson Lewis P.C. • September 26, 2016
Proof of damages in restrictive covenant matters can be complicated. In Rhymes v. Filter Resources, Inc., the Ninth Court of Appeals in Beaumont reminded parties that revenue and sales are not the same as lost profits, and expenses must be considered when developing a damage model.

HOME CARE PROFESSIONALS SERIES Part 4 - How Do You Construct WPA Creditable Benefits?

FordHarrison LLP • September 23, 2016
Executive Summary. Home care agencies in New York are experimenting with different packages of additional wages and benefits to meet the State’s Wage Parity Act requirements. This Act requires a minimum wage rate of $10.00 per hour and additional wages or benefits – a $4.09 per hour package in NYC and a $3.22 package in Nassau, Suffolk and Westchester counties (the “WPA Package”).