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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Pennsylvania - Wage & Hour

Pennsylvania’s New Requirements for Tipped and Salaried Employees: Common Questions

Jackson Lewis P.C.·

The Pennsylvania Department of Labor and Industry has implemented new regulations under the Pennsylvania Minimum Wage Act (PMWA) that go into effect on August 5, 2022.

Michigan

2022 Changes to Michigan’s Paid Medical Leave: ‘Back to the Future’? Well, Not So Fast!

Ogletree Deakins·

Earlier today, the Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage laws. The stay is in place until February 19, 2023. This

Massachusetts - General

Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test

Ogletree Deakins·

In a decision that further clarifies Massachusetts law with regard to employee classification, the Massachusetts Appeals Court recently held that home inspectors working on behalf of an inspectional services company were independent contractors (and not employees) under the ABC test for determining

Louisiana - General

Louisiana Governor Signs Legislation to Mitigate Workplace Violence Against Healthcare Workers Into Law

Ogletree Deakins·

The 2022 Louisiana legislative session included two bills focusing on workplace violence in the healthcare industry—Act No. 461 and Act No. 129—that Governor John Bel Edwards signed into law earlier this summer.

Massachusetts - General

Massachusetts Budget Includes Changes to State’s Paid Family and Medical Leave Act

Littler·

On July 18, 2022, Massachusetts Governor Charlie Baker signed the Commonwealth’s Fiscal Year 2023 budget, which includes a major amendment to the Massachusetts Paid Family and Medical Leave Act ( PFML ).

California - General

San Francisco’s Family Friendly Workplace Ordinance Now “Friendly” to Teleworkers

Shaw Law Group, PC·

The San Francisco Office of Labor Standards Enforcement (OLSE) recently amended its Family Friendly Workplace Ordinance (FFWO) to address teleworking employees. Here’s the scoop…

Massachusetts - General

Massachusetts Paid Family and Medical Leave Act Allows Adding Accrued Sick, Vacation Pay to Benefits

Jackson Lewis P.C.·

A provision in the enacted state budget for fiscal year 2023 amends the Massachusetts Paid Family and Medical Leave Act (PFMLA) to provide employers and employees more flexibility to use other accrued benefits to supplement paid benefits received from the state.

New York - Human Rights Law

New York State Launches Hotline for Reporting Sexual Harassment in the Workplace

Ogletree Deakins·

On July 19, 2022, New York Governor Kathy Hochul announced the launch of a statewide confidential hotline for complaints of workplace sexual harassment. The hotline was provided under Senate Bill No. S812B, which Governor Hochul signed into law on March 16, 2022, as part of a legislative package ena

Puerto Rico

Puerto Rico Enacts New Legislation on Remote Workers of “Out-of-State” Employers

Littler·

On June 30, 2022, the governor of Puerto Rico signed into law Act No. 52 (Act 52-2022), which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011, to address the pandemic-related issue of employees working remotely from the Island for

California - General

Midyear Check-in on California and Federal Government Compliance Reporting

Ogletree Deakins·

With the first six months of 2022 completed, this is a good time to review a busy government reporting season.

California - General

Does the new California Privacy Rights Act (CPRA) apply to employers?

Littler·

Does the new California Privacy Rights Act (CPRA) apply to employers? Yes, the California Consumer Privacy Act will apply in full to human resources data. This means the individually identifiable information of your applicants, employees, independent contractors, dependents, and other HR data of Cal

Louisiana - General

New Louisiana Laws on Hair Discrimination and Wage Garnishment Take Effect on August 1, 2022

Ogletree Deakins·

The 2022 regular session of the Louisiana Legislature was a busy one, although there were only two new notable employment laws.

Massachusetts - General

Massachusetts Enacts Law Banning Discrimination Based on Hair Texture and Style

Littler·

On July 26, 2022, Massachusetts Governor Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act that bans discrimination based upon natural and protective hairstyles in workplaces, school districts and certain school-related organizations. Specifically,

Colorado - General

Colorado Enacts Wage Theft Amendments, Increasing Employer Penalties and Permitting Classwide Demands

Littler·

Colorado has again modified the state’s wage theft laws with the enactment of Senate Bill 22-161. Among other things, the wide-ranging amendments increase penalties for employers that do not timely pay wages, allow employees to demand wages on behalf of a class of similarly situated employees, permi

California - General

California High Court to Decide Viability of PAGA: Will Arbitration Agreements Still Serve as a Protective Shield for Employers?

Ogletree Deakins·

There is a new, but not entirely unexpected, front in the continuing war over California Labor Code Private Attorneys General Act (PAGA) claims. On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber Technologies, Inc., opening the door for a ruling that potentially may comp

Maine

Maine’s Nondisclosure Agreements Law: New Limitations on Settlement, Separation, or Severance Agreements

Ogletree Deakins·

Maine recently joined the list of states—including California, Illinois, New Jersey, New Mexico, New York, Oregon, Washington, and others—with laws restricting employers’ use of nondisclosure agreements (NDAs) and confidentiality terms in settlement, separation, and severance agreements.

Michigan

Michigan Court Voids State’s Minimum Wage and Paid Medical Leave Acts, Creating Compliance Limbo

Jackson Lewis P.C.·

Citing legislative “sleight of hand,” the Michigan Court of Claims has held that the Michigan legislature violated the state’s Constitution when, in 2018, it adopted and then immediately amended ballot initiatives to increase the state’s minimum wage and to require employer-paid sick leave.

California - General

San Francisco Paid Public Health Emergency Leave Effective October 1, 2022

CDF Labor Law LLP·

On July 7, 2022, voters in San Francisco, California voted in favor of Proposition G, a paid public health emergency leave. The ordinance becomes operative on October 1, 2022 and updates the original Public Health Emergency leave ordinance. Prop G expanded the scope of paid leave from COVID-19 to ad

California - General

Glendale, CA Institutes Hotel Worker Protections

Littler·

Over the past few years, cities and counties have gotten to the business of regulating the workplace, an area previously reserved to federal and state governments. Many local jurisdictions have focused particular attention on the hospitality industry, which often is one of the primary drivers of a l

Michigan

2022 Changes to Michigan’s Paid Medical Leave: Back to the Future

Ogletree Deakins·

On July 19, 2022, the Michigan Court of Claims reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). This reversion immediately increases Michigan’s minimum wage rate to $12 per hour and significantl