Effective August 1, 2014, Louisiana became another state to regulate employer use of criminal record information for employment purposes.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
D.C. City Council Removes Final Obstacle to Enforcement of Sick and Safe Leave Amendments
The District of Columbia City Council has paved the way for full enforcement of the District’s Earned Sick and Safe Leave Amendments Act of 2013. Employers should comply with the amendments as of October 3, 2014.
Domestic Violence Leave Required in Massachusetts
Massachusetts’s new domestic violence leave law – which became effective on August 8, 2014 – created new obligations for Massachusetts employers of 50 or more employees.
California Law Expands Scope of Liability of Employers that Use Labor Contractors
Executive Summary: California employers that hire temporary workers now share liability with staffing agencies for certain violations of the state’s labor laws. On September 28, 2014, California Governor Jerry Brown signed into law Assembly Bill 1897, a controversial bill that significantly expands the scope of liability of employers that contract with staffing agencies. The full text of the bill is available on the California Legislature’s website: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1897.
Half-Billion Dollar Arbitration Award in Trade Secrets Case Affirmed by Minnesota Supreme Court in Trade Secrets Dispute
The Minnesota Supreme Court has affirmed an arbitrator’s eye-popping award of $525 million plus prejudgment interest totaling $96 million and post-award interest in a trade secrets dust up between Seagate Technology, LLC and Western Digital Corporation, et al. Seagate Technology, LLC v. Western Digital Corporation, et al and Sining Mao, No. A12-1994 (Minn. October 8, 2014). The Court’s decision is replete with lessons about the legal boundaries, risks, and protections for litigants in arbitration. It is notable also for the magnitude of the award which was, in part, the consequence of falsified evidence.
Workers’ Compensation Quarterly
Timely summaries of decisions from across New York, Pennsylvania, and New Jersey concerning workers’ compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.
New Puerto Rico Laws Expand Protected Activity for Retaliation Claims, Create Civil Penalties for Violations of Vacation, Sick Leave Statute
After vetoing workplace bullying legislation this summer, the Governor of Puerto Rico has signed into law two amendments to existing employment laws that may increase litigation of retaliation and vacation and sick leave claims. The amendments are effective immediately.
Professor’s Refusal to Undergo Fitness-for-Duty Exam Warranted Termination, California Court Rules
A university properly terminated a professor for failing to undergo a fitness-for-duty examination after he had engaged in instances of threatening behavior, the California Court of Appeal has ruled, affirming a judgment in favor of the University of San Francisco on a professor’s alleged disability discrimination claims under the Fair Employment and Housing Act (“FEHA”). Kao v. University of San Francisco, No. A135750 (Cal. Ct. App. Sept. 2, 2014). Significantly, the Court ruled the University was not required to engage in an “interactive process” before requesting the examination because the professor never sought any accommodation for any disability.
California Expands Training and Staffing Requirements for Assisted Living Facilities and Enacts Workplace Safety Bill to Address Violence in Hospitals
California recently enacted two laws that expand the training and staffing requirements for assisted living facilities in the state and another measure that requires hospitals to implement a workplace violence prevention plan.
Amendment to Act 180 Imposes Civil Penalties on Employers for Violations
On September 19, 2014, Governor Alejandro García Padilla signed into law an amendment to the Puerto Rico Minimum Wage, Vacation, and Sick Leave Act (the “Act”) to include a subsection (c) to Article 9, imposing new civil penalties on employers for violations of the Act.
California Takes the Lead Again in Data Breach Laws
California has taken the lead once again in the area of data breach notification laws. In 2002, California was the first state to pass a law requiring companies to notify affected individuals of the breach of their personal information. On September 30, 2014, California’s governor signed into law the first statute requiring businesses to provide free identity theft prevention services to subjects of a breach.
The Florida Employer Fall 2014
A bulletin on employment, labor, benefits, and immigration law.
Attorney-Client Privilege No Shield to Stockholder’s Demand for Internal Review Documents, Delaware High Court Rules
Upon a showing of good cause, a stockholder could overcome a corporation’s attorney-client privilege when suing the corporation for acting contrary to the stockholders’ interests, the Delaware Supreme Court has ruled. Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, No. 614, 2013 (July 23, 2014).
Bullying Be Gone – New California Law Makes Anti-Bullying Training For Employers’ Supervisors A Must
Since 2004, California employers with 50 or more employees have been required to provide their supervisors with sexual harassment training. Effective January 1, 2015, these employers will have an additional responsibility. Governor Jerry Brown signed A.B. 2053 into law on September 9, 2014, mandating that covered employers add anti-bullying training into their current sexual harassment training curriculum.1 While the new law codifies much of what employers may already be doing, it sets forth specific requirements they must follow starting January 1, 2015.
California Law Protects Unpaid Interns and Volunteers from Harassment and Discrimination
California has become the third state in the country, after New York and Oregon, to ban sexual harassment and discrimination in the workplace directed toward unpaid interns.