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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D.C. - General

District of Columbia’s New Human Rights Enhancement Amendment Act Changes Definitions of ‘Harassment’ and ‘Employee’

Ogletree Deakins·

The District of Columbia recently amended the D.C. Human Rights Act (DCHRA) by adding a new protective status, broadening who is covered under the act. The District also modified the DCRHA to redefine how plaintiffs may prove harassment claims within the District. The new law, which took effect on O

Connecticut - General

Continued At-Will Employment Sufficient Consideration for Restrictive Covenants, Connecticut Court Holds

Jackson Lewis P.C.·

Continued at-will employment can be sufficient consideration for an employee’s restrictive covenant agreement, the Connecticut Appellate Court has held. Schimenti Construction Company, LLC v. Schimenti , No. AC44274 (Jan. 17, 2023).

Louisiana - General

Louisiana Appellate Court Finds Nondiscretionary Production Bonus Based on Employee Work Is a “Wage” Payable at Termination

Ogletree Deakins·

The Louisiana Court of Appeal, First Circuit, in DiVittorio v. Seale & Ross, PLC , affirmed a trial court’s judgment in favor of associate attorneys, granting them certain bonus compensation but denying another bonus claim. The appellate court held that the trial court had correctly ruled that the f

California - Wage & Hour

California Civil Rights Division Releases Updated Guidance for 2022 Pay Data Reporting

Ogletree Deakins·

The California Civil Rights Division (CRD) recently released updated guidance in the form of frequently asked questions (FAQs) for the 2022 California pay data reports, which covered employers must submit via the CRD’s pay data portal by May 10, 2023.

Michigan

Michigan Appeals Court “Undoes” Lower Court’s “Undoing” of What Legislature “Undid” Concerning Minimum Wage, Tip, and Paid Leave Standards

Littler·

On January 26, 2023, a three-judge panel of the Michigan Court of Appeals issued a ruling regarding Michigan’s minimum wage, tip, and paid sick and safe time laws. In 2018 the Michigan state legislature overhauled revisions to Michigan’s minimum wage and tip law and its newly created paid sick

New York - General

New York Judge Blocks COVID-19 Vaccination Mandate for Healthcare Facilities

Ogletree Deakins·

On January 17, 2023, a New York trial court judge struck down the state’s vaccine mandate for healthcare workers, ruling that the New York State Department of Health (DOH) acted outside its authority and noting that “the COVID-19 shots do not prevent transmission.”

Michigan

Michigan Court of Appeals Maintains Status Quo Regarding Paid Medical Leave

Ogletree Deakins·

On January 26, 2023, in the long-awaited opinion in Mothering Justice v. Attorney General , a three-judge panel of the Michigan Court of Appeals ruled, in a 3–0 opinion, that the Michigan Paid Medical Leave Act (PMLA) and Michigan Improved Workforce Opportunity Wage Act, as implemented in March 2019

California - General

New San Francisco Law Requires Supplemental Compensation During Military Leave

Littler·

New San Francisco law requires up to 30 days of supplemental pay for military leave. The law, which takes effect February 19, 2023, applies to employers with 100 or more employees.

California - General

California Court of Appeal Curbs “I Do Not Recall Signing” Defense to Arbitration Agreements

CDF Labor Law LLP·

By: California Court of Appeal Curbs “I Do Not Recall Signing” Defense to Arbitration Agreements By: California Court of Appeal Curbs “I Do Not Recall Signing” Defense to Arbitration Agreements Employers face many challenges when enforcing employment arbitration agreements, including employees disav

D.C. - General

District of Columbia Council Delays Effective Date of Act Eliminating Tip Credit to May 2023

Jackson Lewis P.C.·

The District of Columbia Council has postponed the first effective date of voter Initiative 82, the “Tip Credit Elimination Act,” from January 1, 2023, to May 1, 2023.

Connecticut - General

CONNECTICUT LAW MAKERS CONSIDERING MEASURE THAT COULD IMPACT MERIT-BASED HIRING

FordHarrison·

Executive Summary: Employers want to hire the best candidates for their job. However, in utilizing certain hiring standards, employers may be having a “disparate impact” that inadvertently discriminates against certain protected groups. The Connecticut General Assembly is presently considering a law

New York - General

New York City Holds Second Public Hearing on Updated Proposed Rules for Automated Employment Decision Tools

Ogletree Deakins·

On January 23, 2023, the New York City Department of Consumer and Worker Protection held a public hearing on updated proposed rules to implement the city’s automated employment decision tools law (Local Law 144).

New York - General

<a href="https://www.jacksonlewis.com/publication/2022-new-york-roundup-state-city-legislative-and-related-developments">2022 New York Roundup: State, City Legislative and Related Developments</a>

Jackson Lewis P.C.·

In 2022, New York State and New York City enacted many new workplace laws, creating additional obligations for employers.

Illinois - General

ILLINOIS' NEW PAID LEAVE FOR (MANY, BUT NOT QUITE) ALL WORKERS

FordHarrison·

On January 10, 2023, the Illinois Legislature passed the “Paid Leave for All Workers Act,” (PLAW Act) effectively guaranteeing that as of January 1, 2024, with a few exceptions, “an employee who works in Illinois” will be eligible to earn “up to a minimum 40 hours of paid leave” in a 12-month period

California - Wage & Hour

San Francisco Passes Ordinance Requiring Private Employers to Provide Paid Military Leave

Ogletree Deakins·

On January 20, 2023, San Francisco Mayor London Breed approved a city ordinance that will require large, private employers to provide differential paid leave for military reservists called up to active duty. The “Military Leave Pay Protection Act” adds Article 33Q to the city Police Code, and will m

New York - Human Rights Law

New York State Publishes Proposed Updated Model Sexual Harassment Prevention Policy

Ogletree Deakins·

In accordance with its quadrennial obligation to evaluate the impact of New York State’s Model Sexual Harassment Prevention Policy in the workplace, on January 12, 2023, the New York State Department of Labor (NYSDOL), in consultation with the New York State Division of Human Rights, published a pro

New York - Wage & Hour

Albany County, New York’s New Law Requiring Disclosure of Pay Ranges in Job Postings

Ogletree Deakins·

Employers in Albany County, New York will soon be required to disclose expected pay ranges in job postings under a new pay transparency law. The law, which is expected to go into effect on March 9, 2023, adds Albany County to the growing list of jurisdictions across New York State

Colorado - Wage & Hour

Denver Ordinance Creates New Avenue for Workers to Pursue Wage Theft Violations by Employers

Ogletree Deakins·

On January 10, 2023, Denver Mayor Michael Hancock approved an ordinance (File No. 22-1614) passed by the Denver City Council that will provide new avenues for workers in the City and County of Denver to pursue claims for wage theft.

California - Fair Employment And Housing Act

Trending: Requested Accommodations For Mental Health Issues

CDF Labor Law LLP·

While California’s COVID-19 State of Emergency is set to end on February 28, 2023, and California’s Supplemental COVID Supplemental Sick Pay has already sunsetted, the effects of the pandemic continue to impact California employers. Most recently, there has been a major uptick in employee requests f

Connecticut - Wage & Hour

Connecticut Proposes Legislation to Increase Salary Transparency in Job Postings

Ogletree Deakins·

Connecticut recently proposed legislation (Proposed H.B. No. 5243) that would “require employers to disclose salary ranges in all job postings.” In 2021, Connecticut was one of the first states to enact a pay transparency law requiring employers to disclose to applicants and employees the salary ran