Archive for the 'State Laws' Category
By Reggie Gay
Employers that need workers often find themselves inundated with applicants — especially in today’s down economy. Some employers have even resorted to limiting the applicant pool to currently employed individuals as a way of dealing with a deluge of resumes. But that can be a legally shaky strategy.
Posted in Discrimination and Harassment, Disparate Impact, EEOC, Hiring, Hiring, South Carolina, State Laws, Workplace Discrimination by: South Carolina Employment Law Letter
2 Comments
by Jim Brown and Marc Koonin
Companies with employees working in California must always remain mindful of the state’s protectionist wage and hour laws. You must always comply with federal standards and all California laws that provide greater protections for employees than the federal requirements. Failure to do so might be an unwelcome invitation to a [...]
Posted in Break Time, California, Classifying Workers, Employee Leave, Exempt Employees, Minimum Wage, Non-exempt Employee, On-call Time, Overtime, Paid Time Off, State Laws, Termination, Travel Time, Vacation, Wage and Hour by: California Employment Law Letter
No Comments
A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next.
Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over 222 [...]
Posted in Arizona, California, Colorado, E-Verify, Georgia, Hawaii, Hiring, Illinois, Immigration, Iowa, Maine, Maryland, Minnesota, Mississippi, Montana, Nevada, New Jersey, Ohio, Oklahoma, South Carolina, State Laws, Tennessee, Texas, U.S. Supreme Court, Unemployment, Utah, Virginia, Washington, West Virginia, Workers Compensation by: Employers State Law Alert
No Comments
In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales.
In fact, the perception might [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Age Discrimination, COBRA, Disability Discrimination, Document Retention, EEOC, Employee Leave, FMLA, Fair Pay Act, GINA, Maine, Performance Evaluation, Race Discrimination, Retaliation, Sex Discrimination, Sick Leave, State Laws, Supervisor Training, Termination, Wage and Hour by: Maine Employment Law Letter
2 Comments
The proliferation of new laws addressing the possession of firearms has brought about an issue that could directly impact many workplaces. Gun owners with handgun carry permits can now, in many states, bring their guns into parks, bars, schools, and the workplace.
Laws passed in at least nine states prohibit employers from banning employees from coming [...]
Posted in State Laws, Workplace Violence by: Employers State Law Alert
No Comments
Every U.S. state has a legislative body. From this point, the similarities end. The state retains the discretion to determine the specific details of how its government, including the legislative branch, will operate, and these specifics are typically set forth in that state’s constitution.
Thus, just as the political issues affecting one state may be wildly [...]
Posted in State Laws by: Employers State Law Alert
No Comments
Last week, we discussed four employment law issues state legislatures will be grappling with in 2009 — layoff notification laws, immigration, the Americans with Disabilities Act (ADA) and it’s state equivalents, and unemployment benefits. This week, we’ll discuss four more – family and medical leave, workplace discrimination, minimum [...]
Posted in California, FMLA, FMLA Leave, FMLA Military Leave, GINA, Genetic Discrimination, Michigan, New Jersey, OSHA, Safety in the Workplace, Sexual Orientation Discrimination, State Laws, Workplace Discrimination by: Employers State Law Alert
No Comments
The nation’s economy and its impact on state budgets will be the overriding factor state legislatures address in 2009. Many states have already attacked their budget shortfalls by delaying projects, implementing hiring freezes, eliminating positions, and cutting programs. With predictions of continued shortfalls in 2009, state budgets will be first on [...]
Posted in California, Disability Discrimination, E-Verify, Immigration, Layoffs, New York, Oregon, State Laws, Unemployment, WARN by: Employers State Law Alert
1 Comment
(Update May 26, 2009 – California Supreme Court rules that same-sex marriage ban — Proposition 8 — passed by voters in November 2008 is legal but 18,000 same-sex marriages performed before the ban was approved are valid.)
A recent decision by the California Supreme Court on same-sex marriage may have implications for [...]
Posted in Benefits, California, Sexual Orientation Discrimination, State Laws by: Employers State Law Alert
No Comments