State Employment Law Articles

State Employment Law Articles

Articles Discussing Labor And Employment Law In All Fifty US States And Puerto Rico.

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Michigan

Michigan Senate Passes Bill to Repeal Right-to-Work Law Governing Private-Sector Employers

Ogletree Deakins·

On March 21, 2023, the Michigan Senate passed Senate Bill No. 34 in the final step of the legislative process to repeal Michigan’s right-to-work law governing private-sector employers. The Senate’s action comes on the heels of the Michigan House of Representatives’ passage of a similar bill, House B

Puerto Rico

Puerto Rico House Seeks Injunction on Court Decision Striking Down 2022 Labor Reform

Jackson Lewis P.C.·

The struggle to provide certainty on employment issues to the private sector in Puerto Rico is not over.

Utah

Utah Enacts Law Allowing Employers to Obtain Workplace Violence Protective Orders

Littler·

On March 14, 2023, Utah Governor Spencer J. Cox signed HB 324 into law amending Utah’s protective order statute to allow employers to petition for and obtain workplace violence protective orders against an individual who has engaged in or threatened potential workplace violence. The law will become

New York - Workers' Compensation

Fence Company Wins Summary Judgment in Construction Case that Left Worker Injured

Goldberg Segalla·

A long, drawn-out multimillion-dollar lawsuit connected to a 2016 construction accident has been dismissed by a Queens Supreme Court judge, who ruled in favor of a fence company represented by Goldberg Segalla.

Florida - General

“Stop-WOKE” Takes Aim at Florida’s Colleges and Universities

Littler·

Florida’s most recent anti-“WOKE” legislation places diversity-related work and diversity-focused positions on state campuses under threat.

California - Cal/OSHA

New California Bill Aims to Require Cal/OSHA to Adopt General Industry Workplace Violence Prevention Regulations

Ogletree Deakins·

Workplace violence is a serious concern for California employers in all industries, but the state’s workplace violence prevention regulations are currently applicable only to the healthcare industry. A bill recently introduced in the California Legislature would require the state’s occupational safe

New York - Wage & Hour

New York State Amends Pay Transparency Law and Warehouse Worker Protection Act

Goldberg Segalla·

On March 3, 2023, Gov. Hochul signed Bill A999/S1326 into law, which amends New York’s Pay Transparency Law (NYPTL) that will place New York among the growing number of states to require salary ranges with job advertisements.

California - Cal/OSHA

California Pushes Employers to Make Drinking Water More Easily Available to Workers

Ogletree Deakins·

On February 6, 2023, California’s Occupational Safety and Health Appeals Board held that employers must provide their outdoor workers with drinking water at a location “as close as practicable,” effectively creating a new precedent for interpreting the state’s requirements related to the proximity o

Washington State - General

Seattle Enacts First-of-Its-Kind Law Protecting Individuals Against Discrimination Based on Caste

Jackson Lewis P.C.·

The Seattle City Council passed a first-of-its-kind ordinance prohibiting discrimination based on caste in employment, housing, and public accommodation. Seattle’s mayor approved the ordinance on February 23, 2023, and the ordinance will take effect March 25, 2023, 30 days from the mayor’s approval.

Illinois - General

Trade Associations Urge Illinois High Court to Reconsider BIPA Decision in <em>Cothron</em>

Jackson Lewis P.C.·

The Illinois Supreme Court’s decision that a separate claim under Illinois’ Biometric Information Privacy Act (BIPA) accrues each time an entity scans or transmits an individual’s biometric identifier or biometric information will lead to absurd and unjust results not intended by the Illinois Genera

Michigan

Michigan Legislature Passes Amendment to Elliott-Larsen Civil Rights Act to Protect LGBTQ Rights

Littler·

On March 8, 2023, the Michigan House of Representatives passed a bill ( S.B. 4 ) expanding the language of the Elliott-Larsen Civil Rights Act (ELCRA)’s protected categories to include sexual orientation and gender identity or expression as prohibited categories for discrimination. The state senate

Michigan

Michigan House Passes Bills to Repeal State’s Right-to-Work Law, Debate Moves to Michigan Senate

Ogletree Deakins·

On March 8, 2023, the Michigan House of Representatives passed two bills that would repeal Michigan’s current right-to-work law. The two bills, House Bill (HB) 4004 and HB 4005, passed 56–53 along party lines. HB 4004 relates specifically to right to work in the public sector; HB 4005 relates to

Puerto Rico

Employee Benefits and Rights in Puerto Rico: What to Know Now That Law 41-2022 Has Been Declared Null and Void

Ogletree Deakins·

On March 3, 2023, the U.S. District Court for the District of Puerto Rico issued a decision declaring Law 41-2022 null and void, effectively reinstating the prior state of many of Puerto Rico’s employment statutory entitlements. The decision will impact employees’ statutory benefits and rights, incl

New York - Wage & Hour

Manhattan District Attorney Sets Sights on Allegations of Employer Wage Theft

Ogletree Deakins·

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg Jr. announced the creation of a special unit to “investigate and prosecute” wage theft, harassment, and exploitation of workers. He also announced the establishment, in partnership with the New York State Department of Labor, of a fund

Puerto Rico

Nullified ab initio: What Employers in Puerto Rico Need to Know About the Decision to Nullify the New Labor Reform Bill (Act No. 41-2022)

Littler·

The District Court for the District of Puerto Rico has nullified Act No. 41-2022, enacted in June 2022, which had instituted significant changes to labor and employment laws in Puerto Rico. Employers in Puerto Rico are once again subject to the law as it was prior to the

California - Wage & Hour

Los Angeles Wage Office Shifts Interpretation of New Fair Work Week Ordinance

Ogletree Deakins·

Part of a recently passed pay predictability ordinance in Los Angeles is already causing some confusion for employers over a provision requiring retail employers to pay workers a premium for working a second shift within ten hours of the first shift. Such tightly scheduled shifts often occur when a

New York - General

New York Delays and Limits Regulation of “Quotas” for Warehouse Workers

Littler·

In June of 2022, the New York legislature passed the Warehouse Worker Protection Act (WWPA) ( A10020/S8922 ), which Governor Hochul signed into law on December 21, 2022.

Puerto Rico

Federal Court Strikes Down Amendments to Puerto Rico 2017 Employment Law Reform

Jackson Lewis P.C.·

Less than a year after its enactment, a federal district court has declared null and void Puerto Rico Act 41-2022 , a law that rolled back parts of the 2017 employment law reform. Financial Oversight and Management Board for Puerto Rico v. Pierluisi Urrutia , No. 17 BK 3283-LTS (D. P.R. March 3, 202

Pennsylvania - General

Philadelphia Issues Rules on COVID Paid Sick Leave, and Revises “During COVID” Rules for Regular and Healthcare Employee Paid Sick Leave

Littler·

On February 28, 2023, Philadelphia, Pennsylvania’s Department of Labor (PDOL) published regulations concerning three distinct types of job-protected paid leave employers must provide under the Promoting Healthy Families and Workplaces Ordinance (PHFWO). This is the third iteration of what PDOL label

New Jersey - General

New Jersey Court Says Employee Discharged for Discipline Not Entitled to Payment for Accrued PTO

Ogletree Deakins·

On February 22, 2023, the Superior Court of New Jersey Appellate Division ruled that a hospital employee discharged for disciplinary reasons was not entitled to payment of accrued paid time off (PTO) because the hospital had an express policy that PTO would not be paid out after a disciplinary disch