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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Oregon - General

Oregon Equal Pay Act’s Temporary Exclusion of Hiring and Retention Bonuses Set to Expire on September 28, 2022

Ogletree Deakins·

On September 28, 2022, amendments to Oregon’s Equal Pay Act excluding hiring and retention bonuses from the definition of “compensation” are set to expire.

California - General

Key Considerations for California Employers When Drafting a Remote Work Agreement

Ogletree Deakins·

More than two years have passed since the start of the pandemic, and many workers continue to work from home in some capacity. In fact, companies are offering remote positions as a hiring incentive to increase their job candidate pools. Before agreeing to remote work arrangements with new hires or

D.C. - General

‘It’s Déjà Vu All Over Again’: the District of Columbia’s Ban on Non-Compete Agreements Takes Effect on October 1, 2022

Ogletree Deakins·

After more than two years of delay and amendment, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020, which was introduced in the pre-pandemic days of 2020, will finally take legal effect on October 1, 2022. Efforts to amend the 2020 act culminated in the Non-Compete Clar

Florida - General

Florida’s Stop Woke Law Is Sedated—Judge Blocks Law Limiting Workplace Bias Trainings

Ogletree Deakins·

On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of a Florida’s H.B. 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring employees to undergo a training “that espouses, promotes, advances, inculcates, or compels”

Florida - General

Federal Court Blocks Florida’s Individual Freedom Act as Unconstitutional

Jackson Lewis P.C.·

Invoking the “upside down world” depicted in Netflix drama, Stranger Things, the federal District Court for the Northern District of Florida blocked Florida’s Individual Freedom Act (IFA) on constitutional grounds. Honeyfund.com Inc. v. Ron DeSantis et al. , No. 4:22-cv-00227 (N.D. Fla. Aug. 18, 202

D.C. - Wage & Hour

District of Columbia Employers of Tipped Workers Must Conduct Sexual Harassment Training

Jackson Lewis P.C.·

Although District of Columbia’s Tipped Wage Workers Fairness Amendment Act was passed in 2018, parts of that law, including mandatory sexual harassment training, are just now taking effect.

New Jersey - General

John W. Meyer Analyzes Negligent Training Claims with New Jersey Law Journal

Goldberg Segalla·

How may courts approach claims of negligent training in instances where the failure of skills proposed are skills considered to be of the everyday variety?

Minnesota - General

Minnesota Legalizes THC Products, Germinates New Drug-Free Workplace Issues

Littler·

In a move that surprised even some lawmakers who passed the bill, Minnesota recently became the latest state to legalize some form of marijuana for recreational use. As of July 1, 2022, Minnesotans who are at least 21 years old can lawfully purchase and consume edible and drinkable products

California - General

Los Angeles Hotels Increase Worker Protections

CDF Labor Law LLP·

Consistent with the increased safety protections that we have seen put in place in the hotel industry for hotel workers throughout California over the past few years, the City of Los Angeles recently passed an Ordinance to further regulate hotel worker safety. Effective August 12, 2022, the Hotel Wo

New York - General

New York State Announces Health Care and Mental Hygiene Worker Bonus Program Requiring Employers to Administer Bonuses

Littler·

On August 3, 2022, New York Governor Kathy Hochul announced the opening of the $1.2 billion dollar Health Care and Mental Hygiene Worker Bonus Program aimed at rewarding and retaining frontline healthcare and mental hygiene workers.

California - General

The “ABCs” of Independent Contractors in California

Shaw Law Group, PC·

In this episode, Jen discusses the risks of independent contractor classification and AB 5.

California - General

It’s Time to Stop Hiding from the CPRA

Shaw Law Group, PC·

It’s almost fall! As everything is rapidly becoming pumpkin-flavored, it’s time to face the music: the California Privacy Rights Act (“CPRA”) is coming for employers sooner than later.

New York - Workers' Compensation

Fraud Doesn't Pay in New York: August 2022 Update

Goldberg Segalla·

Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a.

California - General

California Voters Can Repeal PAGA in November 2024!

Shaw Law Group, PC·

The California Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State for certain Labor Code violations.

D.C. - General

D.C. Mayor’s Signature Puts Modified Non-Compete Ban on Track for October 1st Effective Date

Jackson Lewis P.C.·

The District of Columbia City Council has finalized amendments to implement the D.C. Ban on Non-Compete Agreements Amendment Act of 2020 effective October 1, 2022, and Mayor Muriel Bowser has signed D.C. Bill 24-256 .

Arizona

Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan

Ogletree Deakins·

The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is extending the comment period on a proposed rule to revoke the state’s approval for

Maine

Portland, Maine Voters to Decide on Raising Minimum Wage, Eliminating Tip Credit, and Classifying Ride-share and Delivery Drivers as Employees

Littler·

The Portland, Maine City Council voted unanimously on August 8, 2022, to send five citizen-initiated referendums to voters in the November election. One of the referendums that will appear on the November 8 ballot – “An Act to Eliminate the Sub-Minimum Wage, Increase the Minimum Wage and Strengthen

New York - General

New York Appellate Court Takes First Crack at Interpreting NYC’s Freelancing Law

Littler·

The First Department of the Supreme Court, Appellate Division (the “Appellate Division”) recently issued the first appellate decision interpreting New York City’s Freelance Isn’t Free Act (FIFA).1 Plaintiffs – a photography business and a model – first filed an administrative complaint against a hig

Washington State - General

Seattle Repeals Hazard Pay for Grocery Employees Ordinance

Ogletree Deakins·

On August 2, 2022, the Seattle City Council voted to repeal the city’s $4 per hour COVID-19 pandemic “hazard pay” requirements related to grocery employees. Seattle Mayor Bruce Harrell approved the measure the next day.

California - General

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

Ogletree Deakins·

On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc. , resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil Rights Act (Unruh Act) as part of a growing resistance in