|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
  Reminder: Phase-In of Mississippi E-Verify Requirement.Phelps Dunbar LLP - July 02, 2009 On July 1, 2009, the provisions of the Mississippi Employment Protection Act (MEPA) of 2008 will take effect for Mississippi employers with between 100 and 250 workers. MEPA requires Mississippi employers to register for and utilize the Department of Homeland Security's E-Verify system. The system allows employers to submit the social security numbers of new hires to verify their immigration status and employment eligibility. OREGON Employer Speech in Oregon's Workplaces, the Impact of SB 519.Littler Mendelson, P.C. - July 02, 2009 Oregon's Governor Ted Kulongoski (D) signed SB 519 on June 30, 2009. The new law, referred to by its opponents as the "Employer Gag Bill," and heralded by its supporters as the "Worker Freedom Act," prohibits employers from mandating employee attendance at meetings involving an employer's opinions regarding religious or political matters and prohibits employers from taking any adverse employment action against employees who decline to attend those meetings. One of the practical effects of the law is to try and impose a substantial change to union organizing campaigns in Oregon's workplaces. The law is effective January 1, 2010. COLORADO Colorado Court Provides Guidance On Enforceability of Covenants Not to Compete Against "Management Personnel".Littler Mendelson, P.C. - July 02, 2009 In Colorado, covenants not to compete are void unless they fall within one of four statutorily defined exceptions. One of the exceptions that is unique to Colorado is that covenants that restrict "executive and management personnel and officers and employees who constitute professional staff to executive and management personnel" are permissible. Thus, for executive and management employees and their professional staff a covenant not to compete is lawful even in the absence of evidence that the management employee will threaten to disclose trade secrets. MISSOURI Missouri Courts Further Restrict the Application of Covenants Not To Compete.Littler Mendelson, P.C. - July 02, 2009 The Missouri Court of Appeals has held that a covenant not to compete and nonsolicitation agreement, which was reasonable in scope and temporal terms, was, nevertheless, unenforceable because the employer did not establish that an employee, who had substantial customer contacts, could make use of those contacts with customers to his former employer's disadvantage. CALIFORNIA Defending Wage Claims Before the California Labor Commissioner.Fisher & Phillips, LLP - July 01, 2009 Most employers doing business in California are familiar with wage claims brought by current or former employees before the Division of Labor Standards Enforcement (DLSE), which is the state agency charged with enforcing the California Labor Code and the state's wage-hour laws and regulations. This article highlights the rules and procedures in defending a wage claim in California. CONNECTICUT New Connecticut Law Requires Retail Establishments to Offer Employee Restrooms to Customers with Medical Conditions.Littler Mendelson, P.C. - July 01, 2009 Effective October 1, 2009, retail establishments in Connecticut will be required to allow customers with eligible medical conditions access to employee-only restrooms, provided certain conditions are met. For purposes of the Act, a customer is broadly defined as "an individual who is lawfully on the premises of a retail establishment." A retail establishment includes any business that is open to the general public for the purpose of selling goods or services, and a restroom is any room that includes a toilet. CALIFORNIA California Supreme Court: No Class Action Requirements for Private Attorneys General Act Claims.Jackson Lewis LLP - July 01, 2009 The California Supreme Court has allowed an employee to proceed with his claim to recover penalties on behalf of himself and non-party employees under the California Private Attorneys General Act of 2004 (“PAGA”) without satisfying class certification requirements. Arias v. Superior Court, No. S155965 (June 29, 2009). However, the Court ruled that the plaintiff cannot bring claims in a representative capacity under California’s unfair competition law without meeting class certification requirements. COLORADO Colorado Noncompete Agreements Require Consideration Beyond Continued Employment.Jackson Lewis LLP - June 30, 2009 In a case of first impression, the Colorado Court of Appeals has concluded that an employer’s continued employment of an existing employee does not provide adequate consideration to support an agreement by the employee not to compete. See Lucht’s Concrete Pumping, Inc. v. Horner, 08CA0936 (Colo. App. June 11, 2009). Accordingly, the Court refused the employer’s request to enforce the noncompete agreement signed by an employee several years after he was hired. KENTUCKY Kentucky Increased Minimum Wage Set To Take Effect July 1, 2009.Fisher & Phillips, LLP - June 30, 2009 Effective July 1, 2009 the minimum wage in Kentucky will increase from $6.55 per hour to $7.25 per hour. Although the federal minimum wage increase of this same amount does not become effective until July 24, 2009, the Kentucky General Assembly voted to have the wage hike take effect earlier for Kentucky employees. CALIFORNIA California Supreme Court Refuses to Say Whether Pharmaceutical Sales Representatives are Exempt.Littler Mendelson, P.C. - June 29, 2009 In connection with its review of a federal district court decision in D'Este v. Bayer Pharmaceuticals, the Ninth Circuit Court of Appeals certified two important questions to the Supreme Court of California, the answers to which could resolve several pending putative wage-hour class actions against pharmaceutical companies involving the exempt classification of their sales representatives. However, on June 10, 2009, the Supreme Court of California summarily denied the Ninth Circuit's request:
|
Employment Law Seminars
Immigration Law Issues in the Hospitality Industry: Unique Visa Options & Compliance Challenges
Online
July 8, 2009 Fisher & PhillipsImmigration Law Issues in the Hospitality Industry: Unique Visa Options & Compliance ChallengesOnline
July 8, 2009 Fisher & PhillipsWEBINAR—Healthcare: Preparing for the Impact of the Employee Free Choice ActWebinar
July 8, 2009 Baker HostetlerChicago Office Breakfast SeriesChicago
July 09, 2009 Jackson LewisThe Impact of the Lilly Ledbetter "Fair Pay" Act of 2009Free Webinar
July 9, 2009 Fisher & PhillipsCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLong Beach
July 9, 2009 Fisher & PhillipsConnecticut Sexual And Other Harassment Education And Training in the WorkplaceHartford
July 14, 2009 Jackson LewisChicago Office Breakfast SeriesNorthbrook
July 14, 2009 Jackson LewisThe Midwest Wage & Hour WarWebinar
July 14, 2009 LittlerFacebook, Twitter, and Other Social Networking Sites – Do's and Don'ts in the WorkplaceNewport Beach
July 14, 2009 Fisher & Phillips | ||||||||||
|
| ||||||||||||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2009 elinfonet.com, llc.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||||||||||||
Federal Article Feeds