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|2015 California Employment Legislation Update|
Padmini Cheruvu, Mark A. Delgado; Donahue Fitzgerald LLP;
November 30, 2015It is again that time of year-when employers learn about the new legal hurdles they will face as a result of legislation enacted by the Legislature and signed by the Governor.
|Texas Court Rules Religious Institutions not Exempt From all Employment-Related Claims|
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 27, 2015, previously published on November 23, 2015The United States and Texas Constitutions each provide for the free exercise of religion and the separation of church and state. These constitutional prescriptions frequently bar the application of civil laws, including employment laws, to religious institutions if they require the evaluation of a...
|Fifth Circuit Clarifies and Complicates Choice of Law Analysis of Interstate Restrictive Covenants|
Michael D. Karpeles; Greenberg Traurig, LLP;
November 27, 2015, previously published on November 20, 2015As companies grow and expand into multiple U.S. states, particularly in our increasingly knowledge and relationship-based economy, determining the applicable law for companywide restrictive covenants can be puzzling. Determining which law applies can make the difference between enforcement or the...
|Requires Private Sector Employers to Provide Paid Sick Leave|
Justin B. Cutlip; Jackson Lewis P.C.;
November 27, 2015, previously published on November 12, 2015Elizabeth, New Jersey, joins a growing number of municipalities in the Garden State to enact a City Ordinance mandating that all private employers in the city provide their employees with paid sick time. Ordinance No. 4617 will take effect on March 2, 2016, or at the expiration of current...
|When Can an Employer Terminate an Employee for Facebook Activity?|
Marc R. Engel; Lerch, Early & Brewer, Chartered;
November 27, 2015, previously published on November 4, 2015It has been said that social media is the modern version of the workplace water cooler - the place where employees go to vent, rant, and share experiences. The National Labor Relations Act was passed decades before the Internet. Courts and administrative agencies, including the National Labor...
|Utah Supreme Court Expands Wrongful Discharge Claims to Recognize Self-Defense as Public Policy|
Conrad S. Kee; Jackson Lewis P.C.;
November 27, 2015, previously published on November 13, 2015The Utah doctrine of wrongful discharge claims recognizes self-defense as a clear and substantial public policy under limited circumstances, the Utah Supreme Court has ruled in a 4-1 decision that expands the state’s exceptions to the at-will employment doctrine. Ray, et al. v. Wal-Mart...
|Parent Company not ‘Employer’ under Missouri Law, Court Rules, Reverses $1.5 Million Award|
Jessica L. Liss, Daniel P., Jr. O'Donnell; Jackson Lewis P.C.;
November 27, 2015, previously published on November 12, 2015An employer’s parent corporation that did not “directly act in the interest” of the employer was not a covered employer under the Missouri Human Rights Act liable for harassment and retaliation, a Missouri Court of Appeals has ruled. Diaz v. AutoZoners, LLC, d/b/a AutoZone, et...
|Modern Slavery Reporting Obligations - Effective from 29 October 2015|
Naomi Feinstein, Lisa Navarro; Greenberg Traurig Maher LLP;
November 27, 2015, previously published on November 12, 2015As reported in an earlier Alert, the UK’s Modern Slavery Act has imposed far reaching reporting requirements on companies to produce an annual statement explaining the steps they have taken to eliminate modern slavery in their businesses, and also within their supply chains. The concept of...
|2015 California Labor and Employment Legislative Update: Newly Enacted Employment Legislation|
Aaron L. Agenbroad, Fred W. Alvarez, George S. Howard, Mhairi Lynn Whitton; Jones Day;
November 27, 2015, previously published on November 2015The California Legislature's efforts to expand the reach and scope of California employment statutes continue unabated. In most instances, its efforts were endorsed by Governor Jerry Brown. In September and October 2015, the governor signed more than a dozen of these bills into law. Most notable is...
|So What is “Ban the Box” and Why Do I Care?|
Christina Maria Reger; Bazelon Less & Feldman, P.C.;
November 27, 2015, previously published on November 9, 2015Last week, President Obama banned the box for federal employees. So what does that mean? And more importantly, does it apply to me?