Effective January 1, 2014, Oregon will become the first state to require certain private sector employers to provide bereavement leave to their covered employees. The new law amends the Oregon Family Leave Act (OFLA) and applies to employers and employees already covered under that Act.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
Connecticut to Increase Minimum Wage in 2014 and 2015
Governor Dannel P. Malloy has signed legislation to increase Connecticut’s hourly minimum wage over two years by $.75 to $9.00 by January 1, 2015.
New Nevada Law Restricts Employer’s Access to Personal Social Media Accounts of Employees, Job Applicants
Nevada has become the latest state to enact legislation restricting an employer’s access to employee and prospective employee personal social media accounts. The new law (Assembly Bill No. 181) prohibits Nevada employers from conditioning employment on disclosure of an applicant’s or employee’s personal social media account information, including user names and passwords. The legislation takes effect on October 1, 2013.
Maryland Enacts Leave Law for Family of Armed Service Members
Effective October 1, 2013, Maryland employers must provide employees with one day of unpaid leave to be used on the day the employee’s “immediate family member” is leaving for or returning from active military duty outside the United States as a member of the armed forces. “Immediate family member” is defined as the employee’s spouse (including a same-sex spouse), parent, stepparent, child, stepchild or sibling.
Class Action Waivers in Arbitration Agreements in Massachusetts
A flurry of new decisions from the Massachusetts Supreme Judicial Court (SJC) and the U.S. Supreme Court have approved the use of class action waivers in arbitration agreements. These decisions affirm that employers in Massachusetts can dramatically reduce their exposure to employment law class actions by adopting arbitration agreements that contain class action waivers.
The Pacific N.W. Employer Summer 2013
A bulletin on employment, labor, benefits and immigration law.
Security Guards’ Weekend On-Call Time was Non-Compensable Sleep Time, California Court Rules
Security guards who worked 24-hour weekend shifts were not entitled to compensation for eight hours of sleep time, the California Court of Appeal has ruled. Mendiola v. CPS Security Solutions, Inc., No. B240519 (Cal. Ct. App. July 3, 2013). Reversing a preliminary injunction ordering the employer to compensate its guards for all nightly on-call time, the Court found that excluding eight hours of sleeping time during weekend shifts from the guards’ compensation was proper under California law. However, the Court found the guards’ weekday nightly on-call hours were compensable.
Connecticut’s Governor Vetoes Restrictive Non-Compete Bill Due to Lack of Clarity
On Friday, July 12, 2013, Connecticut’s Governor Dannel P. Malloy vetoed a bill that would have restricted the use of non-compete agreements in the context of mergers and acquisitions. The proposed bill, “An Act Concerning Employer Use of Noncompete Agreements,” Public Act No. 13-309 (the Act), would have voided non-compete agreements entered into, renewed, or extended when the agreement followed an acquisition or merger unless the employer provided the employee with a “reasonable period of time” (at least seven calendar days) to consider the non-compete agreement.
Illinois Firearm Concealed Carry Act: What Employers Need to Know
Illinois has become the final state to authorize the carrying of concealed firearms by properly licensed private persons. The Illinois Legislature overrode Governor Pat Quinn’s amendatory veto of the state Firearm Concealed Carry Act on July 9, 2013. Although the Act became effective immediately, the Illinois State Police have been given 180 days to make applications for a license available and 90 days to process applications. While the State Police do not have to take the full amount of time provided by the Act, it is unlikely that any Illinois residents will receive a license for concealed carry until early in 2014. Employers should take this opportunity to familiarize themselves with the provisions of the Act that may affect their workplace policies or practices.
Louisiana Enacts Non-Discrimination Law Protecting Veterans Seeking Benefits
Under new law signed by Louisiana Governor Bobby Jindal, employers are prohibited from discharging, disciplining, or otherwise discriminating against veterans for taking time off from work to attend medical appointments necessary to obtain veteran’s benefits. The new law takes effect on August 1, 2013.
California Appeals Court Tosses Hospital’s Arbitration Bid in Overtime Class Action
A recent case from a California state appeals court reinforces the importance of having counsel review and revise arbitration agreements early and often. In Avery v. Integrated Healthcare Holdiings, the state appellate court affirmed a lower court’s refusal to compel arbitration in an overtime class action involving a hospital management company’s employees, despite several plaintiffs’ acknowledgment that they had signed arbitration agreements.
Minnesota Employers May See Fewer Retaliation Claims after U.S. Supreme Court Decision if State Courts Follow Suit
Minnesota’s Supreme Court and its Court of Appeals have long followed federal cases in interpreting state civil rights laws analogous to Title VII of the Civil Rights Act (the federal anti-discrimination law), such as the Minnesota Human Rights Act and Minnesota’s Whistleblower Act. Thus, in retaliation cases, an aggrieved employee needed to prove only that the employer’s retaliatory motive was a “discernible, discriminatory, and causative” factor in the adverse employment decision. Graham v. Special School District No. 1, 472 N.W.2d 114 (Minn. 1991). This may be changing.
Georgia Employers Face More Aggressive Immigration Compliance Requirements Effective July 1, 2013
Executive Summary: Yet another domino has fallen in the changing landscape of immigration law.
Which Employees Can Have Their Hands in the Tip Jar? Finally Some Clarification
On June 26, 2013, the New York Court of Appeals issued a decision concerning who may lawfully participate in a restaurant tip-sharing system. The state’s highest court stated that for employees to receive tips from a tip-sharing arrangement, they must perform, or assist in performing, personal service to patrons as a regular part of their duties. Employees with limited supervisory authority are still eligible to receive tips if they regularly provide service to patrons, but become ineligible once their supervisory duties rise to the level of “meaningful authority.” The court also determined that an employer may exclude eligible employees from the tip-sharing arrangement, although the discretion to do so is not unlimited.1
New York’s Highest Court Grants Rare Reargument of Prior Ruling in Workers’ Compensation Case
In an extremely rare decision, the New York State Court of Appeals has granted reargument. In Auqui v. Seven Thirty One Ltd. Partnership, the court granted reargument of its prior ruling that granted the defendants’ motion to preclude plaintiffs from litigating the issue of the injured plaintiff’s accident-related disability based upon a prior ruling by the Workers’ Compensation Board (WCB).