On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use. In the long-awaited decision in Coats v. Dish Network, the court ruled that medical marijuana use—which is permitted under state law but prohibited under federal law—is not a “lawful activity” under Colorado’s lawful activities statute.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
Up in Smoke? Colorado’s Highest Court Upholds Termination of Employee for Off-Duty Medical Marijuana Use
In a closely watched case involving the use of medical marijuana by an employee, the Colorado Supreme Court unanimously affirmed the lower courts’ rulings that businesses may fire employees for being under the influence of medical marijuana, even if that use takes place off the job.
Oregon Becomes Fourth State to Pass Paid Sick Leave Law
On June 12, 2015, the Oregon legislature passed Senate Bill 454, legislation that will require most employers with 10 or more employees in Oregon to provide employees with up to 40 hours per year of paid sick leave. As discussed below, Portland employers with six or more employees already must provide sick leave. Oregon employers with fewer than 10 employees (or six in Portland) will be required to provide up to 40 hours per year of unpaid sick leave. Once the new measure is signed into law by Governor Kate Brown as expected, Oregon will join California, Connecticut, and Massachusetts in enacting state-wide paid sick leave legislation.
Mass. Attorney General Issues Amended Safe Harbor and Poster Regarding the Massachusetts Earned Sick Leave Law
On June 10, 2015, the Attorney General’s Office issued an amended safe harbor notice and poster regarding the new Massachusetts Earned Sick Time law, which goes into effect on July 1, 2015. Check out the link below for a copy of our newest HRW Alert on these updates.
New York City Council Bans the Box
Following closely on the heels of a citywide bill restricting employer’s use of credit information for employment decisions,1 on June 10, 2015, the New York City Council passed a new bill restricting an employer’s ability to inquire into or obtain information about a job applicant’s criminal history before extending a conditional offer of employment. New York City Mayor Bill de Blasio is expected to sign the bill, which will go into effect 120 days after it is signed into law. This legislation comes shortly after enactment of similar laws in other jurisdictions, such as the District of Columbia and the City of Columbia in Missouri.2
Massachusetts Attorney General Issues Required Notice of Employee Rights and Clarifies the “Safe Harbor” Exemption
On June 10, 2015, the Massachusetts Attorney General issued a Notice of Employee Rights (the “Notice”) under the Commonwealth’s new earned sick leave law, as well as a document clarifying the scope of the “safe harbor” exemption to that law.
West Virginia Amends Law on Final Wages, Imposes Mitigation Duty on Former Employees Who Sue
Significant changes to West Virginia’s Wage Payment and Collection Act (“WPCA”) and a cap on damages available to plaintiffs in employment litigation highlight the latest West Virginia Legislative Session for employers.
No-Hire Clauses Common to Settlement Agreements Now Void In California
Executive Summary: The Ninth Circuit Court of Appeals recently broadened California’s already expansive interest in promoting employee mobility by voiding any contract provision imposing a meaningful obstacle to a California resident’s ability to work. The appellate court’s decision calls into question the continued validity of post-employment restrictive covenants commonly included in severance packages and settlement agreements.
Massachusetts Earned Sick Time Law Update: Safe Harbor Clarified, Form Notice Available
The Massachusetts Attorney General’s office posted on its website a clarification of its previously announced Safe Harbor provision extending the Massachusetts Earned Sick Time compliance deadline for employers who provide paid time off that is substantially similar to that required by the Law. The AG’s office clarification provides further detail regarding application of the Safe Harbor provision which stated that “employers with a policy in existence on May 1, 2015 that provides paid time off or paid sick leave, shall be deemed in compliance with the Earned Sick Time law until January 1, 2016….”
Nevada Establishes Conclusive Presumption for Independent Contractor Status
Labor Standard Act (FLSA)’s “economic realities” test to determine whether workers can be classified as independent contractors under Nevada law for purposes of minimum wage payments under Nevada Revised Statutes’ (NRS) Chapter 608. In an apparent move to overrule Terry, the Nevada Legislature passed Senate Bill 224 (S.B. 224). Signed into law on June 2, 2015 by Governor Brian Sandoval, S.B. 224 establishes a “conclusive presumption” that a person is an independent contractor, rather than an employee, if certain conditions are met. A “conclusive presumption” is a presumption that must be taken as true regardless of any evidence to the contrary. As a result, it is likely that more workers can properly be classified as independent contractors under NRS Chapter 608. Significantly, S.B. 224 applies to any currently ongoing dispute relating to whether a worker is an independent contractor and therefore owed minimum wage under Nevada law.
New York City Council Passes Ban-the-Box Legislation
Joining many other jurisdictions, the New York City Council has passed the Fair Chance Act, an ordinance restricting when employer inquiries about applicants’ criminal histories may be made during the application process and imposing significant obligations on employers who intend to take action based on such information.
New York DOL Proposing Rules Addressing Payment of Wages With Payroll Debit Card
Several states have limited or regulated employers’ use of debit cards for payment of wages in response to concerns raised by employees and advocacy groups. Most recently, the New York State Department of Labor has published proposed rules addressing the payment of wages by payroll debit cards. If an employer intends to pay an employee using a payroll debit card, the employer must comply with the following requirements:
West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers
For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state. One of the factors that undoubtedly played a role in West Virginia faring so poorly was the state’s legal climate. West Virginia employers faced a much higher litigation risk than employers in neighboring and other states.
Joint Employers Can be Held Liable for Employee Misclassification, California Court Rules
In a wage-and-hour class action filed by food and beverage vendors working in California entertainment arenas, the California Court of Appeal has ruled that a state Labor Code provision making it unlawful for any employer to “engage” in the willful misclassification of an individual as an independent contractor applies not only to the employer actually making the misclassification, but also to any employer who is aware that the co-employer has willfully misclassified their joint employees and fails to remedy the misclassification. Noe v. Superior Court (Levy Premium Foodservice Ltd. P’ship), No. B259570 (Cal. Ct. App. June 1, 2015). However, the Court also held that an employer could not be held jointly liable under Labor Code Section 226.8 based solely on the acts of a co-employer and that the law does not provide a private right of action for enforcement.
Massachusetts High Court Rules Real Estate Agents Not Subject to State’s Stringent Independent Contractor Law
On June 3, the Massachusetts Supreme Judicial Court held that the Commonwealth’s independent contractor law does not apply to real estate salespersons licensed under, and affiliated with and working for, a licensed brokerage firm. The court’s ruling in Monell v. Boston Pads, LLC, SJC-11661, although limited in scope, represents a significant victory for the real estate brokerage industry.