Tuesday, July 7, 2026Labor & Employment Law
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Labor Law - Picketing
“Scabby the Rat” reared its inflatable rodent head last month in the United States Court of Appeals for the Seventh Circuit. In Constr. & Gen. Laborers’ Union 330 v. Town of Grand Chute, No. 18-1739 (7th Cir. Feb. 14, 2019), the appellate court held that a Grand Chute, Wisconsin zoning ordinance ban
HR - General
State and local legislatures considered over 1,000 labor and employment bills in February, more than 600 of them new. While only a handful of bills were enacted last month—including new $15 per hour minimum wage bills in New Jersey and Illinois—several dozen other bills advanced through at least one
New York - General
In 2017 and 2018, the New York State Department of Labor (NY DOL) issued two sets of proposed regulations to amend the Minimum Wage Order for Miscellaneous Industries and Occupations, which governs most employers in New York State, to incorporate predictable scheduling rules.1 These proposed regulat
FLSA - Federal Minimum Wage
In February, love was not the only thing in the air; wafting through legislative chambers across the country was the sweet smell of bills about the minimum wage, tips, and overtime. Many bills will be stood up, or ultimately ghosted. But for those that advance, there just might be a legislative love
Sex Discrimination - Equal Pay
On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino,1 in which it held an employer cannot justify a wage differential between men and women by relying on prior salary. The Supreme Court determined that the Ninth Circuit’s publicat
Class Actions - General
In one of the most significant Fair Labor Standards Act (FLSA) appellate decisions in recent years, on February 21, 2019, a three-judge panel on the Fifth Circuit Court of Appeals unanimously held that “district courts may not send notice to an employee with a valid arbitration agreement unless the
New Jersey - General
Declaring it the “most expansive paid family leave time and benefits in the nation,” New Jersey Governor Phil Murphy signed Assembly Bill (AB) 3975 into law on February 19, 2019. AB 3975 significantly expands the scope of the New Jersey Family Leave Act (NJFLA) and the New Jersey Temporary Disabilit
Pennsylvania - General
On December 6, 2018, the Philadelphia City Council passed the Fair Workweek Employment Standards Ordinance, to become effective on January 1, 2020.1 Under the Ordinance, large retail, hospitality and food service establishments will be required to: (1) give existing employees the right of first refu
New York - General
The New York City Commission on Human Rights (NYCCHR) released enforcement guidance on Monday, February 18, 2019, defining discrimination based on natural hair and hairstyles as a subset of race discrimination.1 The NYCCHR explained that “[b]ans or restrictions on natural hair or hairstyles associat
Michigan
In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he tested positive for marijuana during a mandatory pre-employment drug test.
HR - General
Bruce Sarchet, Corinn Jackson, and Eli Freedberg with Littler’s Workplace Policy Institute explore a recent trend pitting progressive city councils against more conservative state legislatures. They discuss the proliferation of local ordinances regulating workplace issues (such as “fair workweek” re
Illinois - General
On February 19, 2019, Governor JB Pritzker signed into law the “Lifting Up Illinois Working Families Act,” which raises the state’s minimum wage, in increments, to $15 per hour by 2025.1 With the enactment of this bill, Illinois has become the fifth state to pass a statewide increase in the minimum
Puerto Rico
The Puerto Rico Department of the Treasury (“PR Treasury”) has issued Internal Revenue Informative Bulletin No. 19-01, extending until March 31, 2019 the deadline to request the Federal Employee Retention Benefit (“Benefit”) related to Hurricanes Irma and Maria. Consequently, the deadline to submit
New York - General
The New York home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are employed by third-party agencies must be paid for every hour of the sh
Sexual Harassment - Workplace Romance
Dear Littler: I run HR for a business with locations across the West Coast. One of our store managers, Romeo, called today to inform me that he is now dating the assistant manager, Juliet, at his location in Los Angeles. I hate to crush young love, but this relationship seems wildly inappropriate. H
California - Fair Employment And Housing Act
Last year, California enacted SB 1343,1 amending California’s Fair Employment and Housing Act (FEHA) to expand employers' sexual harassment training requirements. Previously, employers with 50 or more employees had to provide their supervisory personnel with two hours of sexual harassment prevention
Restrictive Covenants
From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law. Massachusetts’ successful passage of legislation addressing noncompetition agreements after years of negotiation and California’s further restriction of restrictive c
Indiana
Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A, Inc. v. Indiana Department of Workforce Development. In so holding, the cour
HR - General
Nearly all states legislatures are now in session, and the surge of new bills indicates lawmakers are not holding back. Over 1,000 state-level labor and employment-related bills have already been introduced since January 1, 2019. These bills cover a wide range of issues, from arbitration agreements
Federal Gov't - EEOC
Many agencies are experiencing lingering effects after the longest-ever partial government shutdown, including the U.S. Equal Employment Opportunity Commission (EEOC). Recognizing these effects will include delays and potential confusion, the EEOC has released a guidance document to help employers n