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

Connecticut Court Rules Urine Drug Testing Restrictions Do Not Apply to Hair Drug Testing

Jackson Lewis P.C. • July 07, 2015
On May 22, 2015, in an unpublished decision, Judge Andrew W. Roraback of the Connecticut Superior Court (Waterbury Judicial District) found that Connecticut’s statutory restrictions on urine-based drug testing did not apply to hair follicle-based drug testing. In the case, the plaintiff, Ronald Schofield, Jr. was ordered to undergo hair drug testing by his employer, the defendant, Loureiro Engineering Associates, Inc. The defendant terminated the plaintiff’s employment based on the test results.

Alabama Amends Non-Compete Statute

Jackson Lewis P.C. • July 07, 2015
The Alabama legislature recently passed changes to Section 8-1-1 of the Code of Alabama, the provision which contains the state’s non-compete statute. Governor Bentley signed the new version of the statute and it will become effective January 1, 2016. While the new version does not drastically change the landscape of non-competes, there are several changes which employers should be aware of.

New York City to Ban Employer Pre-Offer Inquiries About Applicant Criminal Records

Schulte Roth & Zabel LLP • July 06, 2015
On June 10, 2015, by a 45-5 margin, the New York City Council passed a “ban the box” law prohibiting employers from asking about a job applicant’s criminal record prior to extending a conditional offer of employment. New York City Mayor Bill de Blasio signed the bill on June 29, 2015, and the new law will go into effect on Oct. 27, 2015.

New York City Enacts Ban-the-Box Legislation

Jackson Lewis P.C. • July 06, 2015
New York City has adopted an ordinance restricting when employer inquiries about applicants’ criminal histories may be made during the application process and imposing significant obligations on employers who intend to take action based on such information.

[CA] Independent Contractor Misclassification: The Hidden Trap of Outsourcing

Fisher & Phillips LLP • July 02, 2015
It’s a beguiling option. Companies that classify workers as independent contractors receive a number of benefits, including elimination of payroll taxes, workers’ compensation insurance, and unemployment insurance withholdings. Additionally, independent contractors are not entitled to overtime, double-time pay, or meal and rest breaks. The appeal of classifying workers as independent contractors can’t be questioned.

Your Rx for Complying with California’s Newly Effective Paid Sick Leave Law

Ogletree Deakins • July 02, 2015
The Healthy Workplaces, Healthy Families Act of 2014, which Governor Jerry Brown signed on September 10, 2014, goes into effect today, July 1, 2015. The Act requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked. Below is a round-up of some helpful articles covering all the details of the Act, including employers’ obligations and the latest developments on the new law.

Chicago Minimum Wage Ordinance Goes Into Effect July 1, 2015

Littler Mendelson, P.C. • July 02, 2015
On July 1, 2015, Chicago's Minimum Wage Ordinance goes into effect for all covered employers and employees. The Ordinance, which will raise the minimum wage for Chicago workers to $13 per hour by 2019, was passed on December 2, 2014, and contains gradual increases for covered employees.

The People Have Spoken, and It’s Time to Start Smokin’. . . Or Just Say No

Ogletree Deakins • July 02, 2015
It’s July 1, 2015, and Oregon law now allows adults to lawfully use marijuana for both medical and recreational purposes. Many employers have already faced questions from employees about the impact of the state’s new marijuana law, and many more will face such questions in the coming weeks and months. With that in mind, below is a brief Q&A (based on real questions from employers and their employees) to address some of the most common issues.

Tennessee Federal Court Refuses To Apply Inevitable Disclosure Doctrine

Jones Walker • July 01, 2015
Williams-Sonoma is embroiled in a contentious trade secret theft case with its former executive and direct competitor. On June 18, 2015, a federal district court in Tennessee granted a preliminary injunction motion to enjoin Williams-Sonoma’s former vice president and direct competitor from using confidential business information, soliciting Williams-Sonoma employees, and destroying electronic evidence. But the federal court refused to give Williams-Sonoma everything it requested.

Indiana Wage Law Amendments Become Effective on July 1, 2015

Ogletree Deakins • July 01, 2015
Two significant changes to Indiana’s wage laws will become effective on Wednesday, July 1, 2015. First, liquidated damages will no longer be mandatory when an employer violates Indiana’s Wage Payment or Wage Claims statutes. Instead, a court must find that the employer was not acting in good faith to award liquidated damages. Second, as long as all other requirements of the Indiana Wage Assignment Statute are met, Indiana employers now will be expressly allowed to make wage deductions for: (a) the sale of goods or food sold to an employee; (b) the purchase price of uniforms and equipment; (c) reimbursements for education or employee skills training; and (d) payroll or vacation pay advances.