State Employment Law Articles

On November 8, 2022, Missouri voters passed Constitutional Amendment 3 (the “Amendment”), which made limited marijuana use lawful in the State of Missouri for persons over the age of 21. The Amendment took effect December 8, and as a result, persons over the age of 21 may purchase and possess up to

On December 9, 2022, a federal judge in Montana permanently blocked enforcement in healthcare settings of a first-in-the-nation law that had prohibited discrimination in employment and the provision of services based on vaccination status—including vaccination against COVID-19—finding the law is unc

Since October 1, 2020, Oregon employers have operated under the Workplace Fairness Act (“OWFA”), which restricts employers from including confidentiality, non-disparagement, and no-rehire provisions in settlement agreements and separation agreements unless the employee specifically requests them. In

In early November 2022, nearly 74 percent of D.C. voters approved Initiative 82, the “District of Columbia Tip Credit Elimination Act,” which will gradually eliminate use of the tip credit in the District of Columbia by 2027.

Beginning in 2023, Colorado employees whose employers do not offer a retirement plan will have access to an optional retirement savings plan through a state-facilitated retirement savings program, the Colorado SecureSavings program.

By: Cal/OSHA Adopts New “Non-Emergency” COVID-19 Prevention Regulations For the last two years, California employers have been subject to the careful eye of Cal/OSHA and its COVID-19 Emergency Temporary Standards (or “ETS”). Yesterday, the Standards Board finally voted to adopt a new, “non-emergency

Washington State issued guidance on pay transparency law taking effect on January 1, 2023. Equal Pay and Opportunities Act requires disclosure of wage scale/salary range and description of benefits and other compensation for the position. Law applies if the employer has one Washington-based employee

On December 15, 2022, the California Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation, modifying Title 8 of the General Industry Safety Orders. The regulation passed, 6–1, in a near-unanimous vote of the seven-member Standards Board.

The Michigan Department of Labor and Economic Opportunity (LEO) has provided guidance on the upcoming changes to the state’s minimum wage rates in light of the Michigan Court of Claims decision in Mothering Justice v. Nessel , No. 21-000095-MM (July 19, 2022).

On December 9, 2022, New York State amended the Nursing Mothers in the Workplace Act to provide additional specifications for lactation rooms and to impose new written policy requirements on all employers. The new requirements will take effect on June 7, 2023. Little will change for New York City em

The Massachusetts Department of Family and Medical Leave (DFML) recently published a new workplace poster, notifications, and new rate sheets for all employers in the state for 2023 regarding the Paid Family and Medical Leave (PFML) law. Employers are required to notify their employees of new contri

On November 29, 2022, the New Jersey Department of Labor and Workforce Development (the “NJDOLWD” or the “Department”) announced what it calls a “ comprehensive enforcement strategy ” to target employers in specific industries—namely, commercial laundromats and multi-unit residential construction.

With the January 1, 2023, effective date of New York City's automated employment decision tools law looming, the city's Department of Consumer and Worker Protection announced on December 12, 2022, that it intended to convene a second public hearing and postpone enforcement of the law until April 15,

New York City is deferring enforcement of its first-in-the-nation regulation of the use of AI-driven hiring tools (Local Law 144 of 2021), which was initially slated to go into effect on January 1, 2023. This past Friday (December 12), the NYC Department of Consumer and Worker Protection (DCWP) anno

On January 21, 2020—what seems like a lifetime ago—Governor Phil Murphy signed legislation significantly amending the New Jersey mini-WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) (NJ WARN), but the effective date of the amendments were put on hold d

Finding the university was on notice and had an obligation to preserve interview notes related to a climate and culture review because it knew or reasonably should have known to anticipate litigation, the U.S. District Court for the District of Idaho granted a motion for sanctions for the spoliation

A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s WARN law. Back in January 2020, Governor Philip D. Murphy signed into law Senate Bill 3170 , which radically expanded employers’ advance notice and severance pay obligations under t

By: The Future of Remote Court in California Three key pieces of legislation, AB 199 , SB 848 , and SB 241 are shaping the future of remote court proceedings in California. Remote court proceedings are no longer viewed as merely temporary pandemic-induced measures in California. They have become par

NY Department of Health has updated its guidance on return-to-work protocols for healthcare personnel. The protocols for returning to work differ depending on whether the facility is operating under CDC-defined conventional, contingency, or crisis strategies to mitigate healthcare personnel staffing

Respiratory syncytial virus (RSV) and influenza cases are surging across the United States while COVID-19 continues to spread. Faced with hospital beds filling up and experts warning that this could be one of the most severe respiratory illness seasons in recent years, two states—Oregon and Colorado