Massachusetts has repealed both the Fair Share Contribution (FSC) provisions and the employee Health Insurance Responsibility Disclosure (HIRD) form collection requirement that were part of the Commonwealth’s 2006 health care reform efforts. The repeal was included in the state’s 2014 fiscal year budget bill, and is effective as of July 1, 2013, despite the delayed implementation of the employer mandate provisions of the federal Affordable Care Act (ACA) until January 2015.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
Wisconsin Hospital to Pay $3.5 Million to Settle Nurses’ Meal Period Class Action
A federal court in Wisconsin recently granted preliminary approval to a $3.5 million settlement between a hospital and nearly 1,400 nurses in one of the many recent cases involving automatic deduction of meal breaks from wages.
Tennessee Law on Service Dogs in Public Accommodations is Consistent with ADA, State AG Determines
Tennessee law previously required that a disabled person operating a guide dog first present for inspection credentials issued by an accredited school for training dog guides before admittance to a place of public accommodation and that a guide dog wear a harness and be held on a leash. The Tennessee General Assembly has eliminated these requirements, effective July 1, 2013, to make the law more consistent with the Americans with Disabilities Act’s directive on how a place of public accommodation must address the use of service animals by an individual with a disability. Tennessee Attorney General Robert E. Cooper, Jr., on July 26, 2013, confirmed that Tenn. Code Ann. § 62-7-112 does not conflict with the ADA. Opinion No. 13-59, “Admission of Service Dogs in Places of Public Accommodation.”
Non-Competes in Puerto Rico – Do’s and Don’ts
Earlier this year, Jackson Lewis opened a new office in San Juan, Puerto Rico serving clients throughout the Commonwealth. We thought we would take the opportunity to discuss the enforceability of non-competes under Puerto Rico law. As in many other jurisdictions, the validity and enforceability of non-competition agreements in Puerto Rico depends on the reasonableness of the restrictions imposed. Employers must also strictly follow the requirements set forth by the Puerto Rico Supreme Court in Arthur Young & Co. v. Vega, 136 D.P.R. 157 (1994), to wit:
High Hurdle Set for Punitive Damages in Employment Retaliation under New Jersey Law
A unanimous New Jersey Supreme Court has ruled that individuals seeking punitive damages under the state Conscientious Employee Protection Act (CEPA) must present clear and convincing evidence of upper management’s actual participation in the wrongful conduct or willful indifference to the wrongful conduct. Longo v. Pleasure Productions, Inc., et al., No. A-37-11-069257 (July 24, 2013).
Unexpected Use of Tennessee Workplace Violence Act
A revision to the Tennessee Workplace Violence Act has seen an unexpected use — to seek a temporary restraining order to prohibit a co-employee’s access to the workplace. The Tennessee Workplace Violence Act (Tenn. Code Ann. § 20-14-101) was amended in 2011 to allow any employer or employee who has suffered unlawful violence, or a credible threat of violence, which can reasonably be construed to have been carried out at the workplace, to seek a temporary restraining order or injunction prohibiting further unlawful violence, or threats of violence, by that individual, or the organization that individual is affiliated with, at the workplace.
New Jersey Law Requires Covered Employers to Provide Domestic Violence Leave
On July 17, 2013, Governor Chris Christie signed into law the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). New Jersey joins 15 states, the District of Columbia, and a handful of local governments in providing victims of domestic violence or sexual assault with the right to take unpaid leave. Effective October 1, 2013, the NJ SAFE Act will provide eligible employees with unpaid time off to attend to a variety of matters related to an act of domestic violence or sexual assault committed against the employee or a family or household member.
New Jersey Employers Must Provide Unpaid Leave to Victims of Domestic Violence under New Law
Effective October 1, 2013, New Jersey employers will be required to provide up to 20 days of unpaid leave during any 12-month period for an eligible employee who is the victim of domestic violence or sexual assault or whose child, parent, spouse, domestic partner or civil union partner was the victim of such act. Leave may be taken for each incident of domestic violence and/or sexual violence. The new law, the New Jersey Security and Financial Empowerment Act (“NJ SAFE” Act), applies to employers with at least 25 employees.
Amendments to Oregon’s Domestic Violence Leave Law Extend Coverage to Part-Timers, New Employees
Effective January 1, 2014, Oregon’s domestic violence leave law (Or. Rev. Stat. § 659A.270) will apply to all employees who are victims of domestic violence, harassment, sexual assault or stalking, regardless of the number of hours worked per week or length of time worked for the employer. Previously, the law did not cover employees who worked 25 hours or fewer or had not been employed at least 180 days prior to seeking to take leave.
Noncompete News: Illinois Appellate Court Finds Restrictive Covenant Unenforceable; Continued Employment of at Least Two Years Required
In a decision handed down June 24, 2013, the Illinois Appellate Court, First District, found a restrictive covenant unenforceable due to lack of adequate consideration. Although this is not the first time an Illinois court has held that there must be at least two years of continued employment to constitute adequate consideration to support a restrictive covenant, the ruling in this case was remarkable because:
Minnesota Expands Sick Leave
Minnesota employers that offer employees sick leave benefits have long been required to allow their employees to use such benefits to care for not only themselves, but also for their sick or injured children.
California Employers, 2013 is Training Year for Sexual Harassment Prevention
The deadline for training under AB 1825, the California law designed to instruct supervisory employees and managers in the prevention of sexual harassment at the worksite, is December 31, 2013.
Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Nov. 1, 2013, Employers Must Provide 20 Days’ Leave for Victims
Executive Summary: A bill providing protected leave to victims of domestic violence or sexual assault has been signed into law and is expected to take effect on November 1, 2013. The new law will require New Jersey employers with 25 or more employees to provide 20 days of job-protected leave to eligible employees.
New York Renews Binding Arbitration for Three More Years
In 1974, the State of New York amended its law on collective bargaining for public employees (the Taylor Law) by imposing compulsory interest arbitration to resolve bargaining impasses in police officer and firefighter bargaining units. This amendment to the Taylor Law was intended to be temporary, and was originally set to expire on July 1, 1977; however, it was extended by state-elected officials time and time again. The interest arbitration provision was set to expire on July 1, 2013, and unlike prior years, Governor Andrew Cuomo announced that he would not renew binding arbitration unless the process was amended. –
Illinois Appellate Court Finds Insufficient Consideration Where Employer Relied on Under Two Years Employment in Support of Noncompetition and Nonsolicitation Agreements
On June 24, 2013, the Illinois Appellate Court for the First District (encompassing Cook County and Chicago) decided Fifield v. Premier Dealer Services, Inc., Case No. 1-12-0327 (June 24, 2013). The court found that Premier Dealer Services’ (Premier) offer of at-will employment at the onset of the plaintiff’s employment constituted insufficient consideration to support nonsolicitation and noncompetition provisions contained in his employment contract, but it would have constituted adequate consideration if his employment had continued for two years.