State Employment Law Articles

Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to fill their pockets with penalties and attorneys’ fees, in addition to any wages th

On February 21, 2023, Seattle, WA became the first U.S. jurisdiction to add caste to its list of categories protected against discrimination. This law defines “caste” as a social structure mostly associated with South Asian communities, many of whom live and work in Seattle.

Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a.

On February 8, 2023, the Minnesota Supreme Court issued its first significant decision interpreting the state’s employment discrimination law, the Minnesota Human Rights Act (MHRA), in three years. In a ruling that will likely be hailed as a victory by employees and employers alike, the supreme cour

In this episode, Jen and Trish Higgins, Shaw Law Group’s litigation guru, discuss the recent 9th Circuit decision upholding mandatory arbitration agreements.

This is the second post of a new monthly series of CDF’s Labor & Employment Law Blog providing California employers with wage and hour compliance tips and best practices. On the heels of the Ninth Circuit’s decision blocking California’s bar to mandatory arbitration agreements, as reported earlier t

On February 7, 2023, California Assembly Member Rebecca Bauer-Kahan (D-16) introduced Assembly Bill (AB) No. 521, which calls on the California Division of Occupational Safety and Health (Cal/OSHA) to submit a rulemaking proposal to the Occupational Safety and Health Standards Board that would “requ

On February 15, 2023, the Occupational Safety and Health Administration (OSHA) withdrew its proposed rule that would have revoked the final approval status of Arizona’s state plan for occupational safety and health.

The 9th Circuit just delivered some good news to California employers: they may now force employees to sign arbitration agreements as a condition of employment. In 2019, the California Assembly enacted AB 51 to protect employees from “forced arbitration” by making it crime to require an existing emp

New Jersey Governor Phil Murphy has signed into law the “ Temporary Workers’ Bill of Rights ,” providing temporary workers significant rights regarding their employment through temporary help service firms.

Massachusetts employers should keep an eye on a flurry of proposed legislation recently filed in both the state House of Representatives and Senate. One bill would impose new pay transparency obligations on Massachusetts employers. Another would require Massachusetts employers to report pay data to

Many large California employers have been granted significant state and local tax incentives to establish the physical locations of their businesses in California, or within certain municipalities in California. These can come in the form of enterprise zone tax incentives, direct tax incentives, or

Starting in November of 2023, businesses in Berkeley, California with at least 10 employees within the City of Berkeley will need to comply with a new Fair Work Week Ordinance. This ordinance will require covered employers to provide a written, good-faith estimate of employees’ work schedules before

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg, Jr. announced that his office has partnered with the New York State Department of Labor and local law enforcement to create the “Worker Protection Unit” and “Stolen Wages Fund.” The newly created Worker Protection Unit will focus on p

Retail employers in Los Angeles will soon be required to provide employees with written, good faith estimates of their schedules and offer extra hours to current employees before hiring new workers under a new ordinance that takes effect on April 1, 2023. The “Los Angeles Fair Work Week Ordinance” m

On February 17, 2023, the Supreme Court of Illinois held claims under the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or collection and further allowed so-called per scan damages. The ruling could open employers up to colossal and potentially devast

The Oregon Legislature, in response to concerns that the Oregon Occupational Safety and Health Division (Oregon OSHA) penalties were not sufficient, introduced legislation (Senate Bill (SB) 592) that would significantly increase the amounts of civil penalties for violations and allow Oregon OSHA to

With one day left to spare before the deadline to introduce new bills, on February 16, 2023, California Assemblymember Chris Holden (D-41) introduced Assembly Bill 1228, the “Fast Food Franchisor Responsibility Act.” This bill would, among other things, impose joint employer liability on fast food f

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the Federal Arbitration Act (FAA). Chamber of Commerce of the U.S., et al. v. B

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, a divided Illinois Supreme Court has ruled in a long-awaited decision. Cothron v. White Castle Systems, Inc. , 2023