Executive Summary: Effective May 2011, Georgia’s Restrictive Covenants Act (RCA) represented a significant change to pre-existing Georgia law. Since then, however, very few courts have interpreted the RCA, leaving employers and practitioners alike with questions over how, and under what circumstances, restrictive covenants agreements may be used to protect an employer’s legitimate business interests.[1] One of the few decisions interpreting the statute, CSM Bakery Solutions, LLC v. Debus (N.D. Ga. 2017) underscores the reality that some employees in Georgia simply are immune from post-employment non-compete provisions – even where the covenants are reasonably tailored in duration, geographic proximity, and scope of precluded activity.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
New York City’s Temporary Schedule Change Law: Overview, Obligations, and Implementation
New York City’s temporary schedule change law (Introduction 1399-2016) goes into effect on July 18, 2018 and covers, with limited exception, all employees working 80 hours or more per calendar year in New York City. Under the law, covered employees who have worked for an employer for at least 120 days may request two temporary schedule changes per year for qualifying personal events.
Pennsylvania Department of Labor and Industry Proposes Amendments to the State’s White Collar Exemption Regulations
The Pennsylvania Department of Labor and Industry (DLI) responded to Governor Tom Wolf’s call to modernize Pennsylvania’s outdated overtime rules for “white collar” employees. On June 12, 2018, the DLI submitted to the Pennsylvania Independent Regulatory Review Commission (IRRC) a proposed rulemaking package that would update the Executive, Administrative and Professional (EAP) exemptions to the minimum wage and overtime requirements of the Pennsylvania Minimum Wage Act (PMWA).
New Hampshire Prohibits Gender Identity Discrimination
New Hampshire became the 20th state in the country to prohibit discrimination of all forms based upon gender identity when Governor Chris Sununu signed House Bill 1319 into law on June 8, 2018. The law goes into effect on July 8, 2018.
California’s Fair Employment and Housing Council Broadens the Definition of National Origin, Including Specific Provisions Relating to Language Restrictions and Employees’ Immigration Status
The California Fair Employment and Housing Council published new regulations on May 17th relating to national origin discrimination. The regulations will take effect in just a few weeks, on July 1, 2018, and will be codified in the California Code of Regulations sections 11027 and 11028.
Nevada Supreme Court Rejects an Interpretation of ‘Health Insurance’ that Would Nullify State Wage System
In the last of a series of decisions reached by the Nevada Supreme Court interpreting the Minimum Wage Amendment (“MWA”) to the Nevada Constitution, the Court concluded that an employer may pay the lower of the state’s two-tier minimum wage “if the employer offers health insurance at a cost to the employer of the equivalent of at least an additional dollar per hour in wages, and at a cost to the employee of no more than 10 percent of the employee’s gross taxable income from the employer.” MDC Restaurants, LLC, et al. v. Eighth Judicial District Court, 134 Nev. Adv. Op. 41, 2018 Nev. LEXIS 42 (May 31, 2018).
Constitutionality of Philadelphia’s Salary History Ban Appealed to Third Circuit
The constitutionality of the Philadelphia ordinance aimed at regulating employers’ requests for and reliance on salary histories has been appealed to the U.S. Court of Appeals for the Third Circuit.
The Implications of Dynamex Operations West v. Superior Court: California’s Adoption of the ABC Test for Purposes of the Wage Orders
The California Supreme Court’s adoption of a strict ABC test for purposes of the wage orders is likely to cause significant problems for California businesses that use independent contractors. Of particular concern is the “B” prong of the test and the contours of the putative employer’s business. While at present the ABC test applies only to the wage orders, which means that only non-exempt employees are subject, businesses may find it difficult to implement the ABC test without implicating other aspects of the relationship, such as taxes or workers’ compensation, such that conversion for all purposes may be necessary. Nonetheless, there are many unresolved issues, and it remains to be seen how adoption of the ABC test will play out in California.
South Carolina Pregnancy Accommodations Act
Executive Summary: Effective May 17, 2018, a new South Carolina law, the Pregnancy Accommodations Act, expanded existing state law protections for pregnant employees. Most notably, the new law requires employers to provide reasonable accommodations for “medical needs arising from pregnancy, childbirth, or related medical conditions,” including lactation and the need to express breast milk.
APRNs Not Allowed to Practice Independently per Recent Changes in the Nurse Practice Act
Governor McMaster signed S. 345 (Act No. 234 of 2018) into law on Friday May 18th amending the Nurse Practice Act and expanding the scope of practice for Nurse Practitioners, Certified Nurse Midwives and Clinical Nurse Specialists (APRNs) — there are no changes relating to physician supervision of Certified Registered Nurse Anesthetists (CRNAs).
Seattle Ordinance Giving Drivers Right to Collectively Bargain Not Preempted by NLRA
A landmark law giving drivers of app-based transportation companies, such as Uber and Lyft, the right to collectively bargain is not preempted by the National Labor Relations Act, a three-member panel of the Ninth Circuit Court of Appeals has ruled. U.S. Chamber of Commerce v. City of Seattle, No. 17-35640 (9th Cir. May 11, 2018).
New Jersey Closer to Bar on Jury Waivers, Arbitration Agreements, Secrecy of Harassment Settlements
The New Jersey Senate has passed a bill that would prohibit jury waivers and agreements that conceal the details of discrimination claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD). The bill, which passed by a vote of 34-1, also would call into question the enforceability of agreements to arbitrate LAD claims. The significant support it received in the Senate may signal quick passage in the Assembly and the likelihood of signature by the Governor.
What are WPA Creditable Benefits?
Executive Summary. Home care agencies in New York are still experimenting with different ways to meet the State’s Wage Parity Act (“Act” or “WPA”) requirements. The Act requires a minimum basic wage (cash) of the applicable New York State minimum wage plus additional wages or supplemental wages (i.e., benefits) equal to another $4.09 per hour in NYC or $3.22 per hour in Nassau, Suffolk and Westchester counties (the “WPA Package”).
Vermont Adds Crime Victims to Its List of Protected Classes with New Law
The categories of individuals protected under Vermont’s anti-discrimination statute (21 V.S.A. §495) has been expanded to include crime victims.
Employment-at-Will Comes to Puerto Rico?
Puerto Rico’s Financial Oversight and Management Board and Governor Ricardo Rosselló have sent bills to the Puerto Rico legislature to repeal the Unjust Dismissal Act, Act No. 80 of May 30, 1976 (Act 80). If either bill is enacted, employers in Puerto Rico will no longer be required to have “just cause” to dismiss employees hired for an indefinite term.