State Employment Law Articles

In response to the COVID-19 pandemic, Puerto Rico enacted Act No. 37-2020, which created a special five-day paid leave for non-exempt employees in the private sector. Act No. 37 amended the Puerto Rico Minimum Salary, Vacation and Sick Leave Act, by establishing a special paid leave for non-exempt e

In early August, the New York State Department of Health (DOH) announced and opened the New York Health Care Worker Bonus (HWB) Program, which provides $1.2 billion dollars in health care worker bonuses to eligible employees.

A bill with significant implications for California’s fast food industry is on its way to Governor Newsom’s Desk. On August 29, 2022, the State Senate passed the Fast Food Accountability and Standards Recovery Act ( AB 257 ).

On August 29, 2022, the California Legislature passed a heavily amended version of Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which would provide increased rights to California’s more than 500,000 fast-food workers. The bill is now headed

Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an employee who was fired for testing positive for marijuana on a post-accident drug

On June 24, 2022, the Supreme Court of the United States issued a decision in Dobbs v. Jackson Women’s Health Organization , overturning Roe v. Wade , holding that the U.S. Constitution does not protect a right to an abortion, and returning the authority to regulate abortion to individual states. Lo

Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger Restaurants LLC . The lengthy timeline of this case, summarized below, demonst

The United States Court of Appeals for the Fifth Circuit’s ruling on advisory opinions in Data Marketing Partnership, L.P., et al. v. U.S. Dept. of Labor may pave the way for California employers to more easily challenge unfavorable DLSE opinion letters in court in the future. Last week, the Fifth C

Voters in Massachusetts may be asked whether to repeal state law granting standard Massachusetts driver’s licenses to undocumented immigrants in November. In February 2022, the Massachusetts House of Representatives passed a bill to allow undocumented immigrants to apply for standard Massachusetts d

In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (TWWF), preserving the use of the tip credit in the District, but imposing significant obligations on employers that employ tipped employees, such as mandatory sexual harassment prevention training and notice re

By: A New California Bill Will Protect Employee’s Ability to Use Marijuana Off-the-Clock In 2016, California legalized the recreational use of marijuana. Marijuana remains illegal at the federal level and is considered a Schedule 1 drug. However, California’s legalization of recreational marijuana c

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra Resort. In Martel v.

The panel of the Ninth Circuit Court of Appeals that largely upheld California's law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three judges on the panel decided to withdraw the panel’s prior opinion in Chamber of Com

On August 2, 2022, the New York State Department of Health (the “Department”) issued revised guidance regarding daily health screenings and related policies for home care staff. Specifically, the new guidance reduces the number of daily health screenings required for home care staff from two to one

California’s minimum wage rate will rise to $15.50 per hour, beginning on January 1, 2023, due to a cost-of-living increase provision found in the state’s minimum wage law.

Since 2021, the challenge to California’s Assembly Bill (AB) 51 (on employment arbitration) has been in limbo awaiting the U.S. Court of Appeals for the Ninth Circuit’s decision on a petition to rehear the appeal en banc . On August 22, 2022, instead of granting or denying the petition for rehearing

On August 5, 2022, prior legislation signed by Gov. Wolf took effect, providing more protections to Pennsylvania workers. Specifically, it includes amendments to the Pennsylvania Minimum Wage Act at 34 Pa. Code Chapter 231.

On August 18, 2022, the United States District Court for the Northern District of Florida entered a preliminary injunction ordering state officials in Florida to take no steps to enforce HB7, or the “Stop WOKE Act,” while the court considers the merits of the case.

Executive Summary: Recently, the California appellate court provided guidance on how employers may comply with the Golden State’s workplace seating requirement. While the court found that the inquiry is fact-intensive and involves a multitude of job- and workplace-specific factors, the court’s opini

In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful activities” or “lawful off-duty conduct” outside of work.