Fulfilling a campaign promise, Georgia Governor Nathan Deal has signed into law a sweeping immigration bill that will affect companies in Georgia that employ more than 10 full-time employees. The law, HB87, requires companies to register with the federal E-Verify program and check the legal status of new hires. It also creates the offense of “aggravated identity theft†for the use of false information. In addition, it allows the police to question individuals about their immigration status and mandates sanctions for those who harbor or transport undocumented migrants.
The Second Time is the Charm: Georgia Governor Signs New Restrictive Covenant Law
Last November, voters in Georgia approved a constitutional amendment to allow a new restrictive covenant law to take effect. There were several uncertainties regarding the enforcement and application of the new law. When the Georgia legislature opened in January 2011, new restrictive covenant legislation was introduced to fix these problems. That legislation was passed by the House and the Senate, and signed by Governor Nathan Deal on May 11, 2011. It governs restrictive covenant agreements signed after that date. An updated summary of the new law follows.
New Jersey Passes Law Prohibiting Exclusion of Unemployed Individuals for Job Vacancies
A new New Jersey law prohibits employers in the state from publishing job advertisements, in print or on the Internet, that exclude unemployed individuals from applying. This makes New Jersey the first state to enact an explicit prohibition against such limiting language. The legislation, effective June 1, 2011, provides a penalty for employers that “knowingly and purposefully†publish advertisements excluding unemployed individuals from consideration for a position.
Philadelphia Employers Must Modify Standard Employment Application under Criminal Record Law
Effective June 17, 2011, Philadelphia’s new Fair Criminal Record Screening Standards Ordinance generally will prohibit Philadelphia employers from asking job applicants questions related to criminal history prior to or during the first interview. Similar to restrictions applicable to Massachusetts and Hawaii employers, the “ban the box†law will prohibit Philadelphia employers from obtaining criminal background information on an initial employment application. The Ordinance applies to employers that employ 10 or more persons within the City of Philadelphia.
Indiana Workplace Gun Law Amended to Further Restrict Employers’ Policies.
A year after employers in Indiana revised their policies to conform to the state’s “bring your gun to work law,†they again must conform their policies to the law’s amendments that will become effective July 1, 2011, further limiting some employers’ attempts to safeguard their workplaces.
New York Clarifies Scope of Covenant Against Business Seller’s Solicitation of Former Clients
New York’s highest court has ruled that a business seller may solicit and regain former clients for his new employer without incurring liability for improperly soliciting business under certain circumstances. Bessemer Trust Co., N.A. v. Branin, No. 63, 2011 NY Slip Op. 3307, 2011 N.Y. LEXIS 602 (Apr. 28, 2011).
South Carolina Shuts Down Restaurant after Immigration Audit
South Carolina has shut down a restaurant for 10 days after finding that the restaurant employed persons not authorized to work. This move by the South Carolina Department of Labor, Licensing and Regulation arises out of a plan to audit 4,000 employers in 2011 for compliance with the South Carolina Illegal Immigration Reform Act. Employers found in violation of the Act face stiff civil fines and negative publicity and may be reported to U.S. Immigration and Customs Enforcement or, as in this case, even shut down. LLR has hired 21 investigators to support its aggressive investigation strategy.
What Approaching Limitations on Use of Credit Reports Mean for Maryland Employers
In a dramatic change for Maryland employers, the state’s new Job Applicant Fairness Act will significantly limit their use of an individual’s credit history report for hiring and making other employment-related decisions. No previous state restrictions existed on employers’ obtaining and using this information. The Act was signed by the Governor on April 12 and will become effective on October 1, 2011.
Georgia’s Sweeping Immigration Bill Goes to Governor
The Georgia state legislature passed immigrant legislation (HB87) on April 14, the final day of its 2011 session. Governor Nathan Deal is expected to sign the sweeping immigration bill into law as early as today. HB87 mandates that companies with more than 10 full-time employees register with the federal E-Verify program to check the legal status of new hires and creates the offense of “aggravated identity theft†for the use of false information. In addition, it allows the police to question individuals about their immigration status and mandates sanctions for those who harbor or transport undocumented migrants.
New York Wage Theft Prevention Act Update: State DOL Issues Model Forms and Guidance
The Wage Theft Prevention Act, effective April 9, 2011, applies to all New York employers. It modifies current new hire notification requirements that have been in effect since late 2009, imposes an annual notification requirement, and modifies the information required to be included on pay stubs.
Spring Forward: New Jersey May Adopt Federal Regulations on Overtime Exemptions
New Jersey has taken the first step towards bringing the State’s regulations on overtime exemptions in line with federal law. The New Jersey Department of Labor and Workforce Development (“NJDOLâ€) on March 21, 2011, proposed to adopt the federal regulations regarding overtime exemptions and repeal the existing State regulations. The move would eliminate needless inconsistencies between the two regulatory schemes and provide greater certainty to employers and employees regarding appropriate worker classifications. The current proposal comes on the heels of the NJDOL’s adoption of federal regulations regarding practices in rounding employees’ wages.
Calif.’s Canary In The Employment Mine Shaft
California Department of Fair Employment and Housing (DFEH) Director Phyllis W. Cheng, speaking at the Jackson Lewis LLP-sponsored Association of Corporate Counsel (ACC) Labor and Employment Committee Meeting on Feb. 22, 2011, told the gathering of business lawyers that the agency would continue to pursue high-impact cases of “systemic discrimination†in the workplace as a means of leveraging its resources in a time of government austerity.
How Illinois’ Civil Union Act Will Affect the Workplace
The Illinois Religious Freedom Protection and Civil Union Act (“Civil Union Actâ€) extends state law protections and responsibilities currently afforded to married, heterosexual couples to all committed couples in Illinois, including same-sex couples, by allowing same-sex couples to enter into a civil union. The Act will become effective on June 1, 2011.
Breaks Required under Maryland’s “Healthy Retail Employee Act,†Effective March 1
Under Maryland’s Healthy Retail Employee Act, Maryland employers who operate “retail establishments†must provide non-exempt retail employees with break periods based on the length of the shifts the employees work. Employers in violation of the Act will face a fine.
California Court Rules Employer Not Required to Pay Overtime under Explicit Mutual Wage Agreement
A California employer did not owe overtime to an employee because it had entered into an explicit mutual wage agreement that provided for base compensation and overtime in one lump sum, the California Court of Appeal has ruled. Arechiga v. Dolores Press, Inc., No. B218171 (Cal. Ct. App. Feb. 7, 2011). Affirming the dismissal of the employee’s claim, the Court upheld the validity of explicit mutual wage agreements for non-exempt employees under California law.