Employment Law Letter

An Apple search each day keeps employees in pay

The 9th Circuit Court of Appeal (whose rulings apply to all California employers) recently faced the novel question of whether California law requires an employer to pay employees for the time it takes to perform a bag...

Feb 23, 2020 · Employment Law Letter · California

Yes, Virginia, California does allow employers to prohibit employees from competing

It's common knowledge that California prohibits noncompetition agreements. Except in the context of some business sales, Business and Professions Code Section 16600 renders void every contract by which anyone is...

Feb 07, 2020 · Employment Law Letter · California

Suspicion not enough for constructive termination, whistleblower claims

A nurse practitioner was investigated three times following anonymous employee hotline complaints. The complaints were found unsubstantiated, and no disciplinary action was taken. The employee resigned after receiving an...

Feb 07, 2020 · Employment Law Letter · California

Is it sexual harassment? Let's go to the video

Evaluating sexual harassment claims almost always requires weighing conflicting evidence and making credibility determinations. In such situations, whoever is evaluating the claim—whether a court or an HR manager—must...

Feb 07, 2020 · Employment Law Letter · California

9th Circuit says Walmart must pay $55 million to truck drivers for 'layover time'

Several long-haul truck drivers sued Walmart, alleging they weren't paid for "layover time," certain breaks, and other activities. The company argued it didn't have to pay the truckers for that time, but the U.S. 9th...

Feb 07, 2020 · Employment Law Letter · California

Workplace law 2020: what has—and will—affect your workplace

Every employer was affected by several decisions made, regulations and orders issued, or laws passed by the three branches of the federal government in 2019. In what follows, we will review the most significant of those...

Jan 31, 2020 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Will your NCAs be enforced? Noncompete tips for NM employers

Many employers fear entrusting an employee to help them build a book of business only to have the employee take the clients to a competitor. To protect themselves, some employers require certain employees to sign...

Why 2 New Mexico whistleblower cases reached opposite results

The New Mexico Court of Appeals recently reviewed two whistleblower jury trials in which the jurors came to very different conclusions. In one, the jury awarded a fired employee from the New Mexico Human Services...

When is public employee's speech protected? Court sides with phone-sex memoir's author

In a recent decision from the U.S. 7th Circuit Court of Appeals (whose rulings apply to all Wisconsin employers), the court addressed First Amendment protection for public employees when they engage in speech not related...

What you say? Headphones, earbuds, and OSHA standards

Whether used for air travel, at sporting events, or during workouts at the gym, the popularity of headphones and earbuds has spread rapidly. But are they appropriate for the workplace? Prompted by an employer's questions...

What goes around: potential defense to hostile environment claims

The U.S. District Court for the District of New Jersey recently considered a hostile work environment sexual harassment claim under the New Jersey Law Against Discrimination (NJLAD) brought by a receptionist who alleged...

Virginia to ratify Equal Rights Amendment

When the Virginia General Assembly convened in January, ratification of the Equal Rights Amendment (ERA) to the U.S. Constitution was at the top of the agenda. As stated in Section 1, the ERA guarantees: “Equality of...

Turning down the heat: how to keep the peace this election season

It might be cold outside, but the 2020 election season is heating up. The Iowa caucuses are around the corner, and soon every social media outlet will be burning with political rhetoric. These days, political tension...

Time keeps on slippin', slippin', slippin' out of my paycheck

The Massachusetts Wage Act, also referred to as the "Weekly Wage Law," requires employers to timely pay employees their wages and provides significant protections to those whose rights have been violated. Claims under...

Surprise! Diagnosis doesn't always equal disability

If an employee discloses a medical condition or diagnosis, you should assume she is disabled, right? Wrong. Although a condition or diagnosis could constitute a disability under state law, a new Missouri Court of Appeals...

Let's manage your states

We'll keep you updated on state changes

Employment Law Letter

Connecticut Editors