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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Nevada - General

Nevada Enacts New Workplace Protections for Employees Exposed to Wildfire Smoke

Ogletree Deakins·

Nevada’s Senate Bill (SB) 260 , which took effect January 1, 2026, mandates comprehensive requirements for employers to protect outdoor workers from wildfire smoke hazards. With the new law, Nevada joins states such as California , Oregon , and Washington State in implementing measures to protect wo

Florida - General

Florida and Texas AGs Issue Sweeping Anti-DEI Opinions on MLK Day

Ogletree Deakins·

On January 19, 2026, the federal holiday celebrating Martin Luther King Jr., Florida Attorney General James Uthmeier and Texas Attorney General Ken Paxton issued coordinated opinions declaring that diversity, equity, and inclusion (DEI) programs violate federal and state constitutional guarantees of

Delaware

Delaware Supreme Court Says Employer Can Enforce Restrictive Covenants After Revoking Ex-Employee’s Equity

Ogletree Deakins·

On February 3, 2026, the Supreme Court of the State of Delaware ruled that restrictive covenants are enforceable if there is sufficient consideration at the time of contract formation, regardless of whether that consideration still exists at the time of enforcement of the covenants. The ruling reviv

New York - General

New York Governor Unveils New AI Agenda

Ogletree Deakins·

New York Governor Kathy Hochul announced plans to launch a new office to oversee the implementation and enforcement of New York’s artificial intelligence (AI) and digital technology laws as part of a series of recent proposals. The moves signal that New York will remain one of the leaders among stat

New Jersey - General

New Jersey State Court Addresses Scope of NJEPA

Ogletree Deakins·

Does the New Jersey Diane B. Allen Equal Pay Act (NJEPA) apply retroactively to claims for unequal pay that predate its effective date? Can a plaintiff-employee pursuing an unequal pay claim obtain discovery of comparator pay data nationwide, or are they limited only to those comparators working in

California - General

California High Court Limits Use of Formatting and “Fine Print” Arguments to Defeat Arbitration

Littler·

California High Court Limits Use of Formatting and “Fine Print” Arguments to Defeat Arbitration The California Supreme Court (the “Court”) has confirmed that an arbitration agreement’s formatting—standing alone—does not render its terms substantively unconscionable, even where the text is difficult

Colorado - General

Colorado Implements Changes to Wage and Hour Rules for 2026

Ogletree Deakins·

Several important changes will impact legal compliance for Colorado employers in 2026. This article summarizes the most notable changes, particularly concerning wage and hour rules.

Kansas

Kansas Passes Legislation to Restrict Transgender Bathroom Access in Government Buildings

Ogletree Deakins·

Kansas recently became the latest state to pass legislation to restrict transgender individuals’ access to bathrooms and other private spaces in government-owned buildings. The legislation highlights legal questions over sex-segregated spaces in workplaces, as federal lawmakers consider national leg

Ohio

Ohio’s E-Verify Law for Nonresidential Construction Contractors Takes Effect Soon

Littler·

Ohio’s E-Verify Law for Nonresidential Construction Contractors Takes Effect Soon Starting March 19, 2026, Ohio’s E-Verify Workforce Integrity Act will require any “nonresidential” construction company contracting in the state of Ohio to use E-Verify, and impose penalties for violations. tgelbman@li

California - General

What a California Mileage Tax Would Mean for Employers

Ogletree Deakins·

As California aggressively pursues its transition to electric vehicles, the state faces a significant fiscal challenge: the steady erosion of gas tax revenue, the primary funding source for road construction, maintenance, and repair for decades.

California - Wage & Hour

California Legislature Declines to Create New Private Right of Action to Recover Unpaid Wages

Ogletree Deakins·

On February 2, 2026, the California Legislature declined to pass legislation ( Senate Bill (SB 310) ) that would have created a private right of action to recover unpaid wages. Employees who allege lost wages can still seek recovery either as a statutory penalty through the state Department of Labor

Puerto Rico

Puerto Rico Supreme Court Enforces Private Employment Arbitration Clauses under Act 100 Discrimination Claims

Littler·

Puerto Rico Supreme Court Enforces Private Employment Arbitration Clauses under Act 100 Discrimination Claims In Kendall Hope Tucker v. Money Group , 2026 TSPR 9, 217 DPR ___ (2026), the Supreme Court of Puerto Rico addressed the enforceability of an arbitration clause contained in a private employm

California - Wage & Hour

California Pay Data Reporting (RY 2025): CRD Releases Official Files — What Practitioners Should Read First

Jackson Lewis P.C.·

The California Civil Rights Department (CRD) has released its Reporting Year (RY) 2025 Pay Data Reporting FAQ and Handbook. The statute remains familiar, but the filing mechanics this cycle are not. CRD’s materials emphasize a prescribed file structure, add required data elements, and signal that co

New Jersey - Wage & Hour

Pay Attention or Pay Up: A Costly Lesson in New Jersey Paid Sick Leave Noncompliance

Ogletree Deakins·

On January 28, 2026, the New Jersey Superior Court, Appellate Division, issued a landmark decision in Cano and Bonelli v. County Concrete Corp. —a case that marks the first published appellate interpretation of New Jersey’s Earned Sick Leave Law (ESLL).

California - General

California Workplace Know Your Rights Notice Requirement Is in Effect

Littler·

California Workplace Know Your Rights Notice Requirement Is in Effect California’s Workplace – Know Your Rights Act (SB 294), requires employers to provide employees with annual written notice of key workplace rights. The law seeks to “equip California workers with knowledge of their rights that the