A growing number of states are tightening conditions on restrictive covenants. As of March 22, 2016, Utah has now joined their ranks with its “Post-Employment Restrictions Act,” HB 251.
It has long been clear that the ADA protects alcoholism if it qualifies as a “disability.” That said, courts have consistently held that employers can have legitimate work rules that prohibit alcohol use in the workforce.
Seattle, Washington has amended the quartet of laws addressing labor standards. These changes affect, among other things, notice and posting requirements and also strengthen enforcement.
Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but has broader implications for all state discrimination claims.
On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a conditional offer of employment.
A new rule will require employers to file public reports when they use consultants (including lawyers) to provide labor relations advice and services that have the purpose of persuading employees regarding union organizing or collective bargaining.
The Puerto Rico Treasury recently issued an Administrative Determination eliminating the requirement to file PR Treasury Form 480.70(OE) for retirement plans whose tax year begins after December 31, 2014.
Michigan recently amended state law to make it clear that unless otherwise specifically provided for in the franchise agreement, a franchisee is considered the sole employer of workers to whom it pays wages or provides a benefit plan.
On March 9, 2016, Vermont Governor Peter Shumlin signed House Bill 187 into law, making Vermont the third state in New England and the fifth state in the United States to enact a state-wide paid sick leave law.