Midwest
In a 5-2 decision, the Ohio Supreme Court holds that in an employee-initiated action, the penalties set forth in the Prevailing Wage Law, R.C. 4115.10(A), are mandatory and must be imposed against a party found to have violated the prevailing wage law, in all but exceptional cases.
In a trilogy of cases, the Missouri Supreme Court adopted the public policy exception in wrongful discharge cases and held that an employee need only show that the action of the employee in refusing to violate the law or for "whistleblowing" was a "contributing factor" in the decision to terminate.
In a recent decision, the Minnesota Supreme Court has confirmed its earlier opinions restricting the reach of the Minnesota Whistleblower Act. In Kratzer v. Welsh Companies L.L.C., the court held that a report of behavior that may be problematic, even in the extreme, is not protected under the act if the behavior does not violate the law.
Illinois recently amended its Equal Pay Act of 2003 (EPA) to make it easier for employees to complain of perceived violations. These amendments significantly expand the amount of time within which employees must submit complaints, place heavier burdens on employers to keep and preserve wage-related records, and permit employees to complain about distant compensation decisions so long as they are reflected in recent wage payments.
The Missouri Court of Appeals in Brown v. Rollet Bros. Trucking Co., has held that a covenant not to compete and nonsolicitation agreement, which was reasonable in scope and temporal terms, was, nevertheless, unenforceable because the employer did not establish that an employee, who had substantial customer contacts, could make use of those contacts with customers to his former employer's disadvantage.
On June 12, 2009, a Milwaukee judge invalidated Milwaukee's Paid Sick Leave Ordinance, which had been enacted as a ballot initiative on November 4, 2008, and issued a permanent injunction prohibiting the City of Milwaukee from enforcing the Ordinance. The judge found that the Ordinance was improperly enacted under Wisconsin statutory law governing "direct legislation" such as ballot initiatives, and further found that the Ordinance was an improper exercise of the City's police powers, in that it was overbroad and its provisions were not reasonably related to the stated goals of the Ordinance.
On June 8, 2009, Wisconsin Governor Jim Doyle signed into law a bill that allows successful plaintiffs to recover compensatory and punitive damages under the Wisconsin Fair Employment Act (WFEA). Prior to this change, remedies were limited to reinstatement, back pay and attorneys' fees. The result of this law is that employers' potential exposure under the WFEA has increased.
Under the Illinois Supreme Court's decision in Sangamon County Sheriff's Department v. Illinois Human Rights Commission, an Illinois employer is strictly liable for harassment perpetrated by its supervisory employees, regardless of whether the harasser has any authority over the complainant, regardless of whether the employer knew of the harassment, and regardless of what action the employer took if or when it found out.
Wisconsin has enacted a law containing the strictest requirements in the nation for "traveling sales crews." The law, which goes into effect on April 1, 2010, protects salespeople hired to travel in groups of two or more to sell consumer goods or services. It includes requirements for disclosures to new employees, registration, and insurance, among other things. It also mandates that such workers are employees, not independent contractors.
On February 24, 2009, the Missouri Supreme Court in Cynthia Hill v. Ford Motor Co. held that harassment claims under the Missouri Human Rights Act (MHRA) are to be analyzed under the contributing factor test announced in Daugherty v. City of Maryland Heights, continuing the trend of differentiating the MHRA from Title VII. The court also held that individual liability may be imposed not only on supervisors, but on anyone acting in the interest of the employer, even if the individual is not named in the underlying charge of discrimination.
Milwaukee joins San Francisco and Washington, D.C., in mandating paid sick leave. Milwaukee enacted its paid sick leave ordinance on November 4, 2008, and will be enforceable on February 10, 2009.
Missouri has become the most recent state to require E-Verify for certain employers. The new state law also prohibits all Missouri employers from knowingly hiring or continuing to employ unauthorized aliens.
The Ohio Healthy Families Act appears headed toward the November ballot. If voters pass the proposal, many Ohio employers will be required to provide at least seven days of paid sick leave each year to full-time employees who are absent due to their own illness, or to care for family members who are ill. What should you know (and do) before the measure becomes law?
The Minnesota Supreme Court adopts the federal liability standard for supervisor sexual harassment suits brought under the Minnesota Human Rights Act, rejects the Eighth Circuit's definition of "supervisor" as too narrow, and confirms that when an employee sexually assaults a coworker, the employer will be liable for the assault only if the plaintiff proffers some evidence that the assault was foreseeable.
A new Minnesota executive order requires government contractors to use the Department of Homeland Security's E-Verify program, making Minnesota the latest state to implement a law designed to stem illegal immigration.
In a much-anticipated decision for Minnesota employers, the Minnesota Supreme Court has ruled that employers are free to implement polices that limit the obligation to compensate employees for unused vacation upon termination. Not only did the court enforce such a policy in Lee v. Fresenius Medical Care, Inc., it further expressed its approval of vacation policies that require employees either to use allotted vacation time or to lose the potential benefit, as well as policies that impose caps on vacation accrual.
Governor Blagojevich signed into law an amendment to the Illinois Human Rights Act that gives complainants the right to pursue their claims in state court. This is a significant change, as alleged violations were previously addressed only through administrative proceedings.
Indiana's Family Military Leave Act, which will take effect July 1, 2007, requires employers with at least 50 employees to permit employees who are related to military personnel to take up to 10 days of unpaid leave when a relative is ordered to active duty.
The Minnesota Legislature recently enacted two new laws that impact the record practices of private employers: one that protects disclosure of social security numbers and a second that compels employers to provide written notification to employees upon hire of their right to review their personnel records.
Employers are increasingly concerned with losing employees to competitors, and with having their trade secrets, valuable business information, and customers leave with the employees. While several states recognize the inevitable disclosure doctrine, a new Ohio appellate court decision makes clear that the doctrine may not help employers who have lost employees to competitors if the company does not move quickly to respond to the threat, if the company does not carefully maintain the confidentiality of trade secrets and other confidential information, or if the company seeks to protect general industry information as opposed to specific confidential information.
The Missouri Court of Appeals, in a case of first impression has held that employees may be held individually liable for sexual harassment under the Missouri Human Rights Act.
An employer's failure to adopt and disseminate a detailed drug testing policy means victory for an admitted drug user pursuing a wrongful discharge claim.
Though it is difficult for employers to make long-term plans for dealing with Wisconsin's minimum wage increase, short-term adjustments are necessary.
As amended, the new law does impose some limits on the entitlement locked-out employees will have to benefits. Employers should note that it may increase the pool of employees that may be eligible to receive benefits under the Act.
This new state law requires 60 days advanced notice of a ?mass layoff, relocation or employment loss.? While it resembles the federal WARN Act, it differs in five critical ways. This article explores those differences and provides practical advice on how to handle them.