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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California - Cal/OSHA

Cal/OSHA ETS Provisions Remain Briefly in Effect Until OAL Approval Process for Non-Emergency Regulation is Complete

Littler·

The non-emergency COVID regulation adopted by the Cal/OSHA Standards Board at its meeting on December 15, 2022, will not become effective until approved by the Office of Administrative Law (OAL), which is expected to occur in January 2023.

California - Wage & Hour

California’s New Pay Transparency Law: Pay Data Reporting Obligation Changes for 2023

Ogletree Deakins·

California recently enacted a landmark pay transparency law that requires employers to disclose pay ranges in job postings, joining a growing number of states and municipalities that impose such requirements aimed at improving pay equity. But beyond the pay scale requirements, Senate Bill (SB) 1162,

California - General

Upcoming Changes in California’s Law Regarding Criminal Background Checks

Littler·

California’s Civil Rights Council has issued draft revisions to FEHA regulations governing an employer’s use and consideration of a job applicant’s criminal history in making employment decisions. In light of these expected changes, California employers that use criminal records to vet candidates sh

New York - General

New York State’s Requirement to Provide Workplace Notices and Posters Electronically: What Employers Need to Know

Ogletree Deakins·

In an acknowledgement of the increase in remote work, on December 16, 2022, New York State Governor Kathy Hochul signed into law Senate Bill S6805 , which amends section 201 of the New York Labor Law to require New York State employers to make available electronically notices and posters that are

New York - General

New York City Updates Proposed Rules for Automated Employment Decision Tools: What’s New and What’s Next

Ogletree Deakins·

On December 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) published updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law 144). The law conditions the use of automated employment decision tools to screen candidates

Nevada - General

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related Claims

Littler·

Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter on the Medical Use of Cannabis, provides employees with a private right of

Massachusetts - General

Remote Work Arrangements Pose Travel-Related Reimbursement Challenges for Massachusetts Employers

Ogletree Deakins·

For many employers in Massachusetts, remote work has become part of the new normal, with nearly a quarter of employees in the state having worked remotely in 2021, according to one recent media report. While such arrangements can be convenient and even allow for cost savings, they present novel chal

California - Wage & Hour

California’s Takes Steps Toward Pay Equity

Shaw Law Group, PC·

By now, most Californians know that beginning in January 2023, certain employers must include a pay scale in their job postings. In addition, all employers must provide current employees with their pay scales upon request. Although applicants and employees likely welcome the enactment of Senate Bill

California - Wage & Hour

California Private Attorneys General Act – A Look Back at 2022

Jackson Lewis P.C.·

Thousands of cases are filed under California’s Private Attorneys General Act (PAGA) each year and many of them made the headlines in 2022.

Louisiana - Restrictive Covenants

Louisiana Restrictive Covenant Signed by C-Suite Employee After Termination Is Unenforceable, State Appeals Court Holds

Ogletree Deakins·

In Louisiana, restrictive covenants—known locally as “no competes”—are unenforceable by statutory default. One exception, based on the employer-employee relationship, authorizes an employer to enforce an agreement preventing a former employee from working for a competing business or soliciting custo

New York - General

New York Governor Signs Law Requiring Private Rooms for Employees to Express Breast Milk

Ogletree Deakins·

New York Governor Kathy Hochul recently signed a law that expands breastfeeding accommodations, bringing the standards for private employers in line with those for public employers in the state.

California - General

California Judge Temporarily Enjoins Implementation of FAST Recovery Act

Ogletree Deakins·

On December 30, 2022, a Sacramento County Superior Court judge issued a temporary restraining order blocking the State of California—in particular, the California Department of Industrial Relations—from implementing the provisions of Assembly Bill (AB) No. 257, the Fast Food Accountability and Stand

New York - General

NY Employers to Provide Certain Notices Electronically

Littler·

On December 16, 2022, New York Governor Kathy Hochul signed an amendment to New York Labor Law Section 201 , mandating that employers make notices required to be physically posted at a worksite under federal and state law or regulation available electronically as well through the employer’s website

Pennsylvania - General

Pennsylvania Expands Definitions of Race, Sex and Religious Creed in Human Relations Act

Littler·

On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved amendments to the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act regulations to add a subchapter providing new definitions of race, gender and religious creed under

Connecticut - General

Implementation of Connecticut’s Clean Slate Law Set to Begin January 1, 2023

Littler·

Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of. According to a recent press release, January 1, 2023 will see the full or partial erasure in some 44,000 cases involving convictions for cannabis possession. Indivi

Puerto Rico

Puerto Rico Adds Legal Protections for Interns, Right to Paid Internships

Jackson Lewis P.C.·

The Puerto Rico Fair Internships Act, Act No. 114-2022 (Act 114), seeks to protect students and recent graduates by guaranteeing paid internships and establishing other legal rights for interns.

Puerto Rico

Puerto Rico Employers Offering Internship Programs Must Comply with New Law

Littler·

On December 27, 2022, Gov. Pedro Pierluisi signed Act 114 of 2022, known as the “Puerto Rico Fair Internships Act” (Act. 114) into law. Act 114 seeks to offer compensatory protections to students who are part of internship programs where existing state and labor legislation do not.

California - Wage & Hour

New Equal Pay Act/SB 1162 FAQs

Shaw Law Group, PC·

Well, we have a bit of clarification on SB 1162’s new pay scale disclosure requirements. The Department of Industrial Relations (DIR) updated the existing “California Equal Pay Act” FAQs a few days ago. You can find them here .

Illinois - General

New Year, New Laws: Illinois Legislative Amendments Employers Won’t Want to Miss in 2023

Littler·

Several new Illinois employment laws take effect on January 1, 2023. Amendments to Illinois’ One Day Rest in Seven Act require a day off every 7-day period vs. every calendar week, add additional meal breaks, increase penalties for violations, add a notice requirement, and exclude application to emp