Last week, the New York Industrial Board of Appeals (an arm of the New York Department of Labor) heard oral argument on the National Restaurant Association’s petition to invalidate the Department of Labor’s recent Fast Food Wage Order. If implemented, the Wage Order, which is scheduled to take effect on December 31, 2015, would increase the minimum wage for “fast food employees” in covered “fast food establishments” on a phase-in schedule culminating in a minimum wage rate of $15/hour by December 31, 2018 in New York City and by July 1, 2021 in the balance of the state.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
Pennsylvania Supreme Court Holds Uniform Written Obligations Act Does Not Allow Employer To Enforce Noncompete Unsupported By Consideration
In Socko v. Mid-Atlantic Systems of CPA, Inc. (No. J-40-2015), the Pennsylvania Supreme Court ruled on an issue of first impression: whether the state’s Uniform Written Obligations Act (“UWOA”) allows employers to enforce a noncompete given to an employee while already employed without providing consideration. On November 18, 2015, the high court affirmed a Pennsylvania Superior Court’s May 2014 decision, ruling that without valuable consideration, noncompetes are unenforceable.
California Work-Related Injuries and Illnesses Fall to Lowest Level in 13 Years
The incidence of occupational injuries and illnesses in California remain at their lowest level in 13 years, according to occupational injury and illness data released by the California Department of Industrial Relations. The Survey of Occupational Injuries and Illnesses (SOII) data reflect a total of 460,000 reportable injury and illness cases in 2014, down from a total of 468,400 cases in 2013. In 2013 and 2014, the rate for cases involving lost work-time, job transfer, or restriction-from-duty cases (collectively, “lost work-time cases”) held steady at approximately 265,000, while cases involving days away from work fell from 146,800 to 142,800. Overall, the incidence of nonfatal occupational injuries and illnesses in California remains at its lowest level in the past decade.
Worker Misclassification Risk? Top 10 Questions to Ask about Your Independent Contractors
Employers’ risk of liability for the misclassification of workers continues to grow, as employee misclassification remains a top enforcement priority for the U.S. Department of Labor (“DOL”), and class actions asserting misclassification claims are filed almost daily in federal and California state courts. Employers regularly using independent contractors should examine those relationships periodically to ensure that the classification remains defensible.
Pacific Northwest Employer Workplace News – November 2015
Oregon Sick Leave: Applicability of Requirements to Employees Occasionally Working in State Unclear
Beginning January 1, 2016, Oregon will join a growing number of cities and states mandating that employers provide certain classes of employees with sick leave benefits. For the specific requirements imposed by the new legislation, including when sick leave must be paid, see our article, Oregon Enacts Paid Sick Leave.
California Supreme Court to Decide Whether Finding That UTSA Claim Was Filed in Bad Faith Can Revive a Previously Dismissed Malicious Prosecution Claim
The California Supreme Court’s recent decision to review the Second District Court of Appeals’ ruling in Parrish v. Latham & Watkins, 238 Cal. App. 4th 81 (2015) sets the stage for a potential sea change in the litigation of Uniform Trade Secrets Act (“UTSA”) claims, and could lead to an unsuccessful UTSA claimant being subject to a malicious prosecution action.
Sacramento Minimum Wage Increases
Anyone paying attention to national politics knows increasing the minimum wage is a hot topic being debated by employee and business groups. While the debate rages, the Sacramento City Council decided not to wait for the feds or the state to act, and recently voted 6-3 to increase the Sacramento city minimum wage, as follows:
Lone Star State Expands Gun Rights, Mandates Additional Signage to Ban Guns from Property
Texas will allow the open carrying of handguns in public and the carrying of concealed handguns on university campuses beginning in 2016 under two bills signed by Governor Greg Abbott.
Utah Supreme Court Expands Wrongful Discharge Claims to Recognize Self-Defense as Public Policy
The Utah doctrine of wrongful discharge claims recognizes self-defense as a clear and substantial public policy under limited circumstances, the Utah Supreme Court has ruled in a 4-1 decision that expands the state’s exceptions to the at-will employment doctrine. Ray, et al. v. Wal-Mart Stores, Inc., 2015 UT 83 (Sept. 17, 2015).
Why You Should Take a Closer Look at California’s New Piece-Rate Legislation
Employers doing business in California have seen a barrage of class actions and representative claims for various alleged wage and hour Labor Code violations. Some cases are premised solely on “technical” wage statement violations, where the employer may not have even realized the practice was occurring or was unlawful.
Illinois Appellate Court Finds Non-Compete Restrictions Over-Reaching and Affirms Court Decision Not to Blue Pencil
A recent decision from an Illinois Appellate Court suggests that employers with non-compete agreements “built to scare” may end up with an unenforceable contact and even the loss of confidential information under Illinois law. AssuredPartners, Inc. v. Schmitt (October 27, 2015 1st Dist.)
Elizabeth, New Jersey, Ordinance Requires Private Sector Employers to Provide Paid Sick Leave
Elizabeth, New Jersey, joins a growing number of municipalities in the Garden State to enact a City Ordinance mandating that all private employers in the city provide their employees with paid sick time. Ordinance No. 4617 will take effect on March 2, 2016, or at the expiration of current collective bargaining agreements for employees working under CBAs.
Missouri Appeals Court Holds Sexual Orientation Discrimination is not Prohibited by Missouri Human Rights Act
In a case of first impression at the appellate level, the Missouri Court of Appeals for the Western District of Missouri has held that the Missouri Human Rights Act (“MHRA”) does not prohibit discrimination based on sexual orientation.
Parent Company not ‘Employer’ under Missouri Law, Court Rules, Reverses $1.5 Million Award
An employer’s parent corporation that did not “directly act[] in the interest” of the employer was not a covered employer under the Missouri Human Rights Act liable for harassment and retaliation, a Missouri Court of Appeals has ruled. Diaz v. AutoZoners, LLC, d/b/a AutoZone, et al., No. WD77861 (Mo. Ct. App. Nov. 10, 2015). The Court applied a modified “economic realities” test and reversed the jury verdict and judgment of $1,500,000 in punitive damages against the parent corporation.
New York City Commission on Human Rights Issues Guidance on Citywide “Ban-the-Box” Law
On November 5, 2015, the New York City Commission on Human Rights (NYCCHR) released its 13-page Interpretative Enforcement Guidance regarding the City’s Fair Chance Act (FCA). The FCA, which became effective on October 27, 2015, imposes obligations on covered employers well beyond all other “ban-the-box” laws.1