A new civil action for the misappropriation of trade secrets, with remedies for the aggrieved holder of a trade secret, would be created under legislation passed by the New Jersey General Assembly and the New Jersey Senate. The New Jersey Trade Secrets Act (A-921) must be signed by Governor Chris Christie before becoming law. Once signed, the Act will take effect immediately. It will not apply retroactively.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
California Appellate Court Addresses when Employers Are Liable for Injuries Caused by Their Employees
Under facts never before addressed by a California court, a California Court of Appeal recently ruled that when an on-duty employee injures an individual while engaging in arguably personal pursuits, the employer is still liable for the injuries. Vogt v. Herron Construction, No. E052434 (Fourth Dist., Div. Two Nov. 1, 2011).
Wisconsin Employment Law Watch: Legislature Considers Making “Credit History†a Protected Class
A bill has been introduced in the Wisconsin Assembly that would add “credit history†to the list of classes protected from discrimination under the Wisconsin Fair Employment Act. Assembly Bill 350 was introduced on October 31, 2011. This development follows the introduction of a bill addressing arrest and conviction record discrimination in Wisconsin. (See our article, Wisconsin Employment Law Watch: Legislature to Consider Conviction Record Discrimination Bill.)
New California Law Discourages Independent Contractors and Sole Proprietorships by Potentially Penalizing Businesses that Use Their Services
In the last hours of his opportunity to veto new legislation, California Governor Jerry Brown signed SB 459. Similar to a bill previously vetoed by former Governor Schwarzenegger and dubbed the “Job Killer Act” by business, SB 459, effective January 1, 2012, might be called by some critics the “Small Business Killer Act.” Championed by organized labor and supported by Democratic legislators, the practical consequences could prove to discourage businesses from utilizing independent contractors based in California, while also discouraging service-providing sole proprietorships and other independent contractors from providing services to other businesses in California.
Retailer Readiness is Key to Compliance with California’s Transparency in Supply Chains Act
On January 1, 2012, retailers must be in compliance with the California Transparency in Supply Chains Act of 2010. Compliance with the Act is relatively simple: retailers are not required to take any affirmative action to ensure that products in their distribution channel do not emanate from companies that rely on slave labor, but must post on their website what, if anything, they are doing to eliminate slave labor from their supply chains.
California Plaintiff Must Show Severe or Pervasive Harassment to Prevail, Appeals Court Rules
The California Court of Appeal has held that judgment for an employer is proper under California law where the plaintiff failed to present sufficient evidence that she was subjected to severe or pervasive workplace harassment based on her gender. Brennan v. Townsend & O’Leary Enterprises, Inc., No. G042398 (Cal. Ct. App. Oct. 18, 2010). Accordingly, the Court affirmed judgment notwithstanding the verdict in favor of the employer.
California Appellate Court Rejects Automatic Attorneys’ Fees to an Employee who Successfully Defends Against Lawsuit by Employer
California Labor Code section 2802 generally requires employers to indemnify their employees for losses the employee incurs within the scope of employment. As one common example, section 2802 requires an employer to indemnify an employee for attorneys’ fees if the employee is sued by a third party, such as a customer, concerning conduct that falls within the scope of employment. But what about legal fees incurred by an employee in defending against a lawsuit by the employer itself, such as for unfair competition or misappropriation of trade secrets?
Paddling on Each Side: How California Private Sector Employers Must Change Their Operations in 2012
In 2011, for the first time since 2003, California’s legislative process was controlled by a governor and a legislature of the same party. Yet the results at the end of this year’s session were not as one-sided as some had predicted or expected.
California Governor Signs New Collective Bargaining Law Requiring Factfinding Procedures for Impasse Resolution for Public Sector Employers Covered by the MMBA
On October 9, 2011, California Governor Jerry Brown signed AB 646, which amends the Meyers-Milias-Brown Act (MMBA) to require certain public sector employers to submit their differences with a labor organization representing their employees to a “factfinding panel” for impasse resolution. The new law allows an employer covered by the MMBA to implement its “last, best, and final offer” after the parties’ respective positions over wages, benefits and other terms and conditions of employment have been presented to the panel, the panel’s findings and recommendations have been made public and a public hearing has been held on the impasse.
The Stork Has Landed: California Employers (and Insurers) Now Must Provide Pregnancy Benefits
California Governor Jerry Brown recently signed sweeping legislation aimed at affording pregnant women certain employment and insurance protections. Two sets of companion legislation, SB 299 and AB 592, along with SB 222 and AB 210, attempt to ensure that all pregnant women maintain their insurance benefits while on pregnancy-related leaves.
New Tennessee Attorney General’s Opinion Opens Door to Wage Claims by Employees Serving Jury Duty
As a general rule, the Fair Labor Standards Act does not require an employer to pay an employee’s travel time between home and their regular place of work.
Wisconsin Employment Law Watch: Legislature Weighs Curbing Damages under Anti-Discrimination Law
A bill has been introduced in the Wisconsin Assembly that would repeal the right of successful complainants to receive an award of compensatory and punitive damages in circuit court under the Wisconsin Fair Employment Act. Assembly Bill 289 was introduced on September 29, 2011.
Connecticut Employment Law Update
New and revised employment laws from the Connecticut legislature’s latest session will affect all employers in the state. Here are some highlights…:
New California Law Greatly Restricts Employers Ability to Obtain and Use Credit Reports
Effective January 1, 2012, California will impose significant restrictions on an employer’s ability to obtain a credit report for employment purposes.
California Joins States Restricting Use of Credit Reports for Employment Purposes
On October 10, 2011, the Office of California Governor Jerry Brown announced that Governor Brown had signed AB 22, legislation that adds a new provision to the California Labor Code and amends the state’s Consumer Credit Reporting Agencies Act (CCRAA)1 to restrict the discretion that private and public sector employers have to use “consumer credit reports”2 for hiring and personnel decisions. Together, the new laws, which take effect on January 1, 2012, limit when employers lawfully can use consumer credit reports and impose notice and disclosure obligations on employers who intend to do so.
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