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  New York Employers Must Provide New Hires Prescribed State Labor Department Wage Notification Form.Jackson Lewis LLP - November 06, 2009 Effective October 26, 2009, New York employers are required to notify all new hires in writing of their hourly rate, overtime rate (if applicable) and payday and receive a written acknowledgment of such notification. The enactment indicated that the Department of Labor would provide guidelines to assist employer compliance. CALIFORNIA Grocer Liable After Uninformed Supervisor Fails To Provide Accommodation To Disabled Employee.Barker Olmsted & Barnier - November 05, 2009 When an employer grants a reasonable accommodation to a disabled employee, what happens if an uninformed supervisor later fails to provide that accommodation? In a recent California case titled A.M. v. Albertsons LLC, that very thing happened, and the employer was held liable for failing to provide an accommodation. The case offers important lessons for employers who offer accommodations to disabled employees. CALIFORNIA California Labor And Employment Legislation Fizzles In 2009.Barker Olmsted & Barnier - November 05, 2009 The California legislature proposed a number of new labor and employment laws in 2009. However, as the politicians battled through a major budget meltdown, the bills either stalled in committee or were vetoed by the governor. Below is a summary of the more significant ones. NEVADA Nevada Rejects Wrongful Discharge Action by Employee Seeking to Unionize Workers.Jackson Lewis LLP - October 30, 2009 Affirming summary judgment in favor of the employer, the Nevada Supreme Court has declined to recognize a cause of action for wrongful discharge asserted by an employee seeking to organize his fellow workers. Ozawa v. Vision Airlines Inc., Nos. 49435 & 49660 (Nev. Oct. 1, 2009). Because the employee had an alternate remedy under the federal Railway Labor Act (“RLA”), the Court declined to recognize a new exception to Nevada’s at-will employment rule. OHIO Ohio Supreme Court Avoids Deciding Whether Women Must be Given Lactation Breaks.Jackson Lewis LLP - October 29, 2009 Deciding that an employer terminated an employee for unauthorized breaks, and therefore upholding summary judgment for the employer, the Supreme Court of Ohio has avoided answering the question whether Ohio’s fair employment practice law prohibits an employer from discriminating against a female employee because of or on the basis of lactation. OHIO Ohio Closer to Prohibiting Discrimination on the Basis of Sexual Orientation and Gender Identity.Jackson Lewis LLP - October 28, 2009 The Ohio House of Representatives has passed a bill prohibiting discriminatory practices on the basis of “sexual orientation” and “gender identity” under many Ohio Civil Rights Commission (“OCRC”) laws. The bill is now under consideration in the Ohio Senate. A similar bill was introduced in the Senate on September 17, 2009. NEVADA Nevada Expands Leave Rights For Employees Attending School Activities.Fisher & Phillips, LLP - October 27, 2009 August 15, 2009 marked the effective date for a new law, which dramatically expands leave rights for those parents who choose to participate in school-related activities of their children. NORTH CAROLINA North Carolina eAuthority.Ogletree Deakins - October 26, 2009 North Carolina Bans Texting While Driving; Increased Penalties for Child Labor Violations; Unemployment Benefits; Personal Protective Equipment; At-Will Employment: Court Strengthens Limits on Contracts that Modify At-Will Employment; Wage and Hour: North Carolina’s Wage and Hour Act Does Not Apply to Non-Residents Working Primarily Out of State; Benefits: A Non-ERISA Short-Term Disability Plan Gives Employer Reasonable Discretion to Determine Benefits Eligibility; Unemployment Compensation: North Carolina Supreme Court Finds that Employee Who Accepts Voluntary Retirement Package is Ineligible for Unemployment Benefits; Harassment: Federal Courts Require More from Employer Harassment Investigations; Fair Labor Standards Act (FLSA): Fourth Circuit Clarifies Analysis for Administrative Exemptions. CALIFORNIA EMPLOYERS BY THE BAY.
Shaw Valenza LLP - October 23, 2009 Employers looking to gain a foothold in San Francisco should carefully survey the terrain. San Francisco businesses are subject to local employment ordinances in addition to the many federal and state requirements. Even small businesses must comply with the host of mandates that do not apply outside the county borders. Here are the principal San Francisco ordinances that generally govern private-sector employers. Employers in specific industries may be subject to additional or different requirements. CALIFORNIA DYSFUNCTION JUNCTION: What the State Capital Produced for California Private Sector Employers in 2009.Littler Mendelson, P.C. - October 22, 2009 As presaged by its actions at the end of 2008, the California Legislature in 2009 was justifiably preoccupied with the State's worst economic crisis since the Great Depression. Legislative energies were focused on cobbling together a budget that could get the constitutionally-required two-thirds vote, when the majority party Democrats did not have a two-thirds majority of either legislative chamber.
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November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
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