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

San Francisco Bay Area Employers Must Comply with Commuter Benefits Program by September 30, 2014

Littler Mendelson, P.C. • April 24, 2014
Covered San Francisco Bay Area employers without an already-existing and compliant commuter benefits plan have until September 30, 2014, to select at least one of four commuter benefit options, notify employees of how to take advantage of the benefits, and register with the Bay Area Commuter Benefits Program (CBP).

Claims in Pennsylvania Lawsuit Alleging En Masse Defection of Employees as “Sabotage” Survive Dismissal

Jackson Lewis P.C. • April 24, 2014
A U.S. District Judge in the Eastern District of Pennsylvania has allowed several claims to proceed to trial following a motion for summary judgment by defendants in Ozburn-Hessey Logistics, LLC v. 721 Logistics, LLC, et al, No. 12-0864 (April 4, 2014). The allegations in the case go beyond the typical defection of an employee or two to join a competitor.

Florida Supreme Court Finds State Law Bans Pregnancy Discrimination

FordHarrison LLP • April 24, 2014
Executive Summary: The Florida Supreme has held that the Florida Civil Rights Act's (FCRA) prohibition against discrimination on the basis of sex includes discrimination based on pregnancy. See Delva v. The Continental Group, 2014 Fla. LEXIS 1316 (April 17, 2014). In reaching this conclusion, the Court noted that pregnancy is a "natural condition and primary characteristic unique to the female sex." The Court's decision resolves a split of authority among the lower courts on this issue.

Interns in New York City Now Protected from Discrimination under City Law

Jackson Lewis P.C. • April 23, 2014
New York City Mayor Bill de Blasio has signed into law a bill protecting interns in the City from job discrimination to the extent as is presently available to employees. The law, amending the New York City administrative code, was approved by the Mayor on April 15, 2014, and is effective June 14.

Tennessee Employment Litigation Reform Bill Heads for Governor’s Desk

Jackson Lewis P.C. • April 23, 2014
Business-friendly Tennessee, known for its low business taxes and minimal red tape, is on track to be even friendlier if Governor Bill Haslam signs a bill removing liability for employment discrimination from individual supervisors or agents under the Tennessee Human Rights Act and limiting discriminatees’ “non-pecuniary” damages, among other things. Once signed, the new law will become effective July 1, 2014.

Employment-Law Legislation In Delaware's General Assembly

Young Conaway Stargatt & Taylor, LLP • April 23, 2014
Employment legislation has been a popular topic for the Delaware General Assembly in recent months. Here are two recently proposed legislation that Delaware employers should keep an eye on.

Massachusetts Governor Wants to Ban Non-Compete Agreements and Enact the Uniform Trade Secrets Act

Fisher & Phillips LLP • April 22, 2014
Massachusetts Governor, Deval Patrick, recently announced a bill—An Act to Promote Growth and Opportunity—that would provide workforce training opportunities and promote economic development incentives across the Commonwealth. As part of his economic development package, the Governor proposes to enact the Uniform Trade Secrets Act, but at the same time eliminate traditional non-competition agreements.

Texas Businesses: Take Child Abuse Reporting Seriously

Fisher & Phillips LLP • April 22, 2014
Most educators in Texas know about their obligations under Texas law to report child abuse. But most Texas businesses assume that these reporting requirements do not apply to them. The truth is, the Texas statute is very broad and creates serious legal obligations for any person who regularly comes into contact with children and is or becomes aware of abuse.

Missouri Supreme Court Lowers Employees’ Burden of Proof in Workers’ Compensation Retaliation Claims

Ogletree Deakins • April 22, 2014
The Missouri Supreme Court expanded rights for injured workers on April 15, 2014, by virtue of its ruling in Templemire v. W&M Welding, Inc., No. SC 93132. Under the court’s new standard, a discharged employee alleging retaliation for filing a workers’ compensation claim need only prove that the claim was a contributing factor, rather than the exclusive reason, for the discharge.

New Georgia Law Limits Employer Liability for Hiring Workers with Criminal Background

Jackson Lewis P.C. • April 22, 2014
A new law in Georgia protects employers from negligent hiring and retention claims by creating a presumption of “due care” for hiring and employing individuals with criminal backgrounds who have received a “Program and Treatment Completion Certificate” from the Department of Corrections or a grant of pardon from the State Board of Pardons and Parole. Governor Nathan Deal signed Senate Bill 365 on April 13, 2014. The law is due to take effect on July 1, 2014; however, no timeline has been released for the Department of Corrections to implement the new certificate program.