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

Indiana Supreme Court Dismisses Second Case Challenging Constitutionality of Right to Work Law

Jackson Lewis P.C. • December 19, 2014
Indiana’s Right to Work law again has withstood a constitutional challenge in the state’s highest court. The Indiana Supreme Court dismissed a second challenge to the state’s Right to Work law based on its November decision in Zoeller v. Sweeney, 19 N.E.3d 749 (Ind. 2014), holding that the law, on its face, does not violate Indiana’s Constitution. (The justices had declined to consolidate the two cases.) Zoeller v. United Steel, Paper, and Forestry, Rubber Manufacturing, Allied Industrial and Service Workers Int’l Union, et al., No. 45S00-1407-PL-492 (Ind. Dec. 16, 2014).

Changes Coming To Colorado Discrimination Claims

Fisher & Phillips LLP • December 19, 2014
On January 1, 2015, changes to Colorado’s employment anti-discrimination statute will go into effect, drastically impacting employers facing employment discrimination claims. The changes will significantly expand the remedies available under the statute, and will make it easier and more attractive for employees to file discrimination lawsuits in state court rather than alleging violations of federal law.

San Francisco's OLSE Issues "FAQs" On Fair Chance Ordinance

Littler Mendelson, P.C. • December 18, 2014
Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 ("the amendments," "the ordinances" or the "FCO"), which significantly restrict the ability of covered employers to inquire into, and use, criminal records for hiring and other employment purposes. The scope of the amendments far exceeds the breadth of any of the other so-called "ban-the-box" laws.

Puerto Rico: Important Updates and Upcoming Deadlines Concerning Employee Benefits

Littler Mendelson, P.C. • December 18, 2014
In this blog post, we discuss important updates, including upcoming deadlines, with respect to employee benefits impacting plan sponsors.

Minnesota Court Overturns 20 Years of Precedent to Extend Whistleblower Statute of Limitations to Six Years

Littler Mendelson, P.C. • December 18, 2014
On December 15, 2014, the Minnesota Court of Appeals extended the statute of limitations for Minnesota Whistleblower Act (MWA) claims from two to six years. In Ford v. Minneapolis Public Schools,1 the court overturned 20 years of precedent2 and held that because the claim was created by statute, recent Minnesota Supreme Court case law3 dictates that the longer six-year limitations period applies. Unless and until the Minnesota Supreme Court considers the issue, this will become the latest expansion of employee rights under the MWA in the past two years.

District of Columbia Increases Protections for Pregnant Workers

Jackson Lewis P.C. • December 18, 2014
A new District of Columbia law will require employers to provide reasonable accommodations to employees affected by pregnancy, childbirth, breastfeeding, and related medical conditions and prohibit employers from requiring an employee to take leave if it is possible for the employee to continue working with reasonable accommodation.

Minnesota Statutory Whistleblower Claims Subject to Six-Year Limitations Period, Court Rules

Jackson Lewis P.C. • December 17, 2014
Effectively tripling the amount of time in which aggrieved employees may sue their employers in statutory whistleblower suits, the Minnesota Court of Appeals holds that claims under Minnesota’s Whistleblower Act (Minnesota Statute section 181.932) are not subject to the two-year statute of limitations in Minnesota Statute section 541.07(1), but instead are subject to the six-year statute of limitations under Minnesota Statute section 541.05, subd. 1(2), reversing a long-held position. Ford v. Minneapolis Public Schools, No. A13-1072 (Minn. Ct. App. Dec. 15, 2014). Employers and employees alike have understood for almost 20 years that all whistleblower claims must be brought by an employee within two years of the alleged adverse action (which often is some other form of discipline, including employment termination). Larson v. New Richland Center, 538 N.W.2d 915 (Minn. Ct. App. 1995).

New Illinois Employment Laws Taking Effect January 1, 2015

Franczek Radelet P.C • December 17, 2014
Along with decorations, holiday feasts, and other merriment, employers in Illinois get to celebrate the close of another year by updating their policies and practices to comply with several recently enacted laws that will take effect with the New Year. These include the following.

Illinois Issues Required Employer Posting and Fact Sheet under Pregnancy Accommodations Law

Jackson Lewis P.C. • December 17, 2014
Beginning January 1, 2015, the Illinois Human Rights Act (“IHRA”) will offer additional protections for pregnant women in the workplace and additional responsibilities for employers with respect to their pregnant workers. On or before that date, employers must post information about the new protections in a conspicuous location and include that information in their employee handbooks, if any.

Arizona Supreme Court Holds the Arizona Uniform Trade Secrets Act Does Not Preempt Tort Claims Based on Misappropriation of Confidential Information

Littler Mendelson, P.C. • December 17, 2014
On November 19, 2014, the Arizona Supreme Court ruled in Orca Communications Unlimited, LLC v. Noder that the Arizona Uniform Trade Secrets Act (AUTSA) does not preempt common law tort claims for misappropriation of confidential information that does not rise to the level of trade secret information.