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

Puerto Rico Supreme Court Scolds Employer for Interfering with Working Mother’s Breastfeeding Rights

Jackson Lewis P.C. • February 08, 2016
Emphasizing that Puerto Rico legislation protects employees’ breastfeeding rights in the workplace and that maternity enjoys special judicial protection in the Commonwealth’s legal framework, the Puerto Rico Supreme Court has ruled that employers, public and private, regardless of their circumstances, must provide a “private, safe, and hygienic” space for employees to exercise their breastfeeding rights upon returning to work. Siaca v. Bahía Beach Resort & Golf Club, Num. AC-2012-102, __ P.R. Dec. __ (2016).

PAYING PIECE-RATE WORKERS

Shaw Valenza LLP • February 08, 2016
Beginning on January 1, 2016, a new California law (AB 1513) affects how employers must pay “piece-rate” workers (those employees paid for completing a particular task or making a particular piece of goods). Piece-rate compensation is common in certain industries to incentivize workers to complete tasks efficiently, such as automobile mechanics or agricultural workers. However, following the passage of AB 1513, paying piece-rate workers is more complicated.

Certain Illinois Employers Now Required to Post Human Trafficking Helpline

Littler Mendelson, P.C. • February 08, 2016
A new Illinois state law requires certain employers to post notices informing employees and other members of the public of a helpline to assist any person who is subject to human trafficking.1 This law, effective January 1, 2016, and entitled the “the Human Trafficking Resource Center Notice Act,” largely tracks the requirements of a California law that became effective in April 2013.2

New York City Commission on Human Rights Issues Enforcement Guidance on Fair Chance Act and Clarifies Credit Check Law Exemption

Schulte Roth & Zabel LLP • February 04, 2016
The New York City Commission on Human Rights (the “Commission”) recently released enforcement guidance on the Fair Chance Act (the “FCA”), which took effect on Oct. 27, 2015. The FCA prohibits New York City employers from inquiring about a job applicant’s criminal record prior to extending a conditional offer of employment. The Commission’s guidance provides clarity as to how the Commission will enforce the new law. Separately, the Commission clarified how it will interpret the exemption to the Stop Credit Discrimination in Employment Act (“SCDEA”) for positions involving responsibility for funds or assets worth $10,000 or more.

Puerto Rico Supreme Court: Failure to Provide Safe, Private and Hygienic Area for Breastfeeding in the Workplace May Violate Working Mother’s Constitutional Right to Privacy

Littler Mendelson, P.C. • February 04, 2016
On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as provided under Act No. 427-2000, as amended (“Act 427”).

Amendments to the New York Nonprofit Revitalization Act of 2013 Signed into Law

Schulte Roth & Zabel LLP • February 04, 2016
On Dec. 11, 2015, Governor Andrew Cuomo signed into law a series of amendments to the New York Not-For-Profit Corporation Law; the Estates, Powers and Trusts Law; and the Religious Corporations Law designed to clarify aspects of the Nonprofit Revitalization Act of 2013 (the “2013 Act”). The amendments adopt certain recommendations of the New York State Law Revision Commission and Lawyers Alliance for New York. In addition, the amendments codify certain aspects of the New York State Attorney General’s Charities Bureau Guidance on the 2013 Act. The amendments were effective upon signing of the law. This Alert summarizes some of the key provisions of the law.

Connecticut Long-Term Care Health Facilities to Register with New Background Check Portal

Jackson Lewis P.C. • February 04, 2016
Certain health care facilities specializing in long-term care in Connecticut will be required to register with a statewide background check portal beginning February 8, 2016.

Definition of “Deliberate and Willful” Misconduct Under the Illinois Unemployment Insurance Act Revised and Expanded

Franczek Radelet P.C • February 04, 2016
Governor Rauner recently signed legislation that revised and expanded the definition of “deliberate and willful” misconduct under the Illinois Unemployment Insurance Act (820 ILCS 405/602). Under the prior definition, the claimant (i.e. former employee) would be disqualified from receiving unemployment insurance benefits if the respondent (i.e. employer) established that the conduct resulting in termination was “deliberate and willful” (i.e. intentional) and amounted to misconduct.

California Court of Appeal Holds Employee’s Agreement to Reimburse Training Costs in Event of Resignation Does Not Offend Public Policy

Jackson Lewis P.C. • February 02, 2016
A California court recently upheld an employer’s right to condition free training on continued employmentin the matter of USS-POSCO Industries v. Case, No. A140457 (Jan. 26, 2016).

HOME CARE PROFESSIONALS SERIES Part 1 – NYS Domestic Workers' Bill of Rights

FordHarrison LLP • February 02, 2016
Executive Summary. As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to Domestic Service Workers ("Final Rule"). What they may not have considered, however, is that following the Final Rule, the NYS Domestic Workers Bill of Rights, which originally only applied to home care workers directly employed by individual households, now also applies to agency employed home care workers. For NYC agencies, in particular, coming into compliance with Domestic Workers Bill of Rights requires changes to the benefits they provide to their home care workers.

Jackson Lewis P.C. | Massachusetts | Massachusetts Law To Prohibit Inquiries Regarding Prior Salary at Interview (February 01, 2016)

Jackson Lewis P.C. | California | California Court of Appeal Holds Employee’s Agreement to Reimburse Training Costs in Event of Resignation Does Not Offend Public Policy (February 02, 2016)

Littler Mendelson, P.C. | New York | Don't Get Lost in the Weeds: Medical Marijuana is Now Legal in New York (February 01, 2016)

Ogletree Deakins | Massachusetts | Can a Massachusetts Religious School Refuse to Employ a Worker in a Same Sex Marriage (February 01, 2016)

Franczek Radelet P.C | Illinois | Definition of “Deliberate and Willful” Misconduct Under the Illinois Unemployment Insurance Act Revised and Expanded (February 04, 2016)

Littler Mendelson, P.C. | New York | New York City Expands Human Rights Law to Prohibit Employment Discrimination Against Caregivers (February 01, 2016)

FordHarrison LLP | New York | HOME CARE PROFESSIONALS SERIES Part 1 – NYS Domestic Workers' Bill of Rights (February 02, 2016)

Franczek Radelet P.C | Illinois | Illinois Supreme Court Rules Educational Employers Are Not Required to Arbitrate “Do Not Hire” Designation (February 01, 2016)

Jackson Lewis P.C. | California | What California Retail Employers Need to Know About Accommodating Pregnancy (January 29, 2016)

Schulte Roth & Zabel LLP | New York | New York City Commission on Human Rights Issues Enforcement Guidance on Fair Chance Act and Clarifies Credit Check Law Exemption (February 04, 2016)