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New York, like most states, has long adhered to the rule of “employment at will.” Absent employment for a specified term, or an unlawful purpose for termination, an employee may be terminated at any time and for any...
Feb 13, 2008
Employment Termination
California Supreme Court Rules That Employers Have No Duty to Accommodate Medical Marijuana Use
In a 5-2 decision, the California Supreme Court has ruled that employers can refuse to hire applicants and can terminate employees who use illegal drugs, including those who use marijuana for medical purposes. Ross v....
Feb 06, 2008
General Employment Issues
FMLA Amendments Expand Availability of Leave to Care for Service Members
On January 28, 2008, the Family and Medical Leave Act of 1993 (the “FMLA”) was amended to extend the leave benefits available to armed services members’ families. Under the FMLA, employees of covered employers are...
The United States Citizenship & Immigration Service (USCIS) recently released a new I-9 Employment Eligibility Verification Form, which replaces the prior version of the Form I-9. All employers, as well as companies who...
California labor and employment law saw significant changes on January 1, 2008. However, Governor Schwarzenegger vetoed several bills that would have placed significant obligations on California employers in such areas as...
Jan 17, 2008
General Employment Issues
Effective January 1, 2008, California Employers Are Required To Provide Notice Of The Income Tax Credit Notification
Effective January 1, 2008, Assembly Bill 650 requires California employers to provide written notice to their employees of their possible right to an Earned Income Tax Credit (EITC). This requirement applies to all...
Jan 06, 2008
Labor Relations
NLRB Rules That Employers May Restrict Employees’ Union Solicitation on Company E-Mail
In a long-awaited decision, the National Labor Relations Board (the “NLRB”) has ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...
Effective January 1, 2008, the minimum wage in California increased to $8.00 per hour. However, a higher minimum wage of $9.36 per hour applies to employees working in San Francisco. Posters advising employees of the new...
Oct 18, 2007
General Employment Issues
California Statute Gives Qualified Military Spouses 10 Days of Unpaid Leave – Effective Immediately
While existing California law provides certain benefits for “qualifying members” of the U.S. Armed Forces, National Guard, and Reserves, those rights have been extended through Section 395.10 of the Military and...
On October 10, 2007, U.S. District Judge Charles R. Breyer issued a preliminary injunction barring the Department of Homeland Security from enforcing new regulations that created significant obligations for employers to...