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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California - General

California Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

CDF Labor Law LLP·

Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the arbitration agreement included an illegal class waiver rendering the agree

Arizona

Workplace Safety in Arizona: Update on OSHA’s Proposal to Revoke State Plan

Ogletree Deakins·

On April 21, 2022, the federal Occupational Safety and Health Administration (OSHA) issued a a proposed rule to revoke Arizona’s occupational safety and health (OSH) plan’s final approval under Section 18(e) of the Occupational Safety and Health Act of 1970. In its notice, OSHA proposed revoking its

Connecticut - General

As of July 1, 2022, Connecticut Employers Must Provide Employees with a Notice of Rights Under the Paid Family and Medical Leave Law

Littler·

As we have previously written here and here , Connecticut enacted the Paid Family and Medical Leave Act in 2019, which entitles eligible Connecticut employees to paid family leave. The Paid Family and Medical Leave Act (CT PFMLA) amended the previously existing Connecticut Family and Med

D.C. - General

D.C. Circuit Holds Withdrawal Liability Interest Rate Must Reflect Plan’s Investment Policy

Littler·

On Friday, July 8, 2022, the U.S. Court of Appeals for the D.C. Circuit issued its decision in United Mine Workers of America 1974 Pension Plan v. Energy West Mining Company , joining the Sixth Circuit in holding that the assumptions used by a multiemployer defined benefit pension plan in

California - Wage & Hour

“Healthcare Workers Minimum Wage Ordinance” Provides Los Angeles City Healthcare Workers With Minimum Wage of $25 on August 13, 2022 and Rising in 2024

CDF Labor Law LLP·

Since the start of the COVID-19 pandemic, many cities throughout California have enacted “hazard pay” or “hero pay” ordinances across a variety of industries with the healthcare industry as a focal point.On July 7, 2022 Los Angeles Mayor Eric Garcetti signed the “Healthcare Workers Minimum Wage Ordi

New York - Human Rights Law

New York State Launches New Hotline for Workplace Sexual Harassment Complaints

Littler·

Earlier this year, Governor Kathy Hochul signed into law S.812B/A.2035B , which amended the New York State Human Rights Law, N.Y. Exec. Law § 296, to require the establishment of a state-wide, toll-free, confidential hotline for complaints of workplace sexual harassment. On July 19, 2022, Governor H

Michigan

Michigan Decision Leaves Employers Uncertain About Current State of Minimum Wage, Tips, and Paid Sick Leave Laws

Littler·

On July 19, 2022, a state judge in Michigan’s Court of Claims held that the state legislature violated the Michigan Constitution in 2018 when, during a lame-duck session, it overhauled revisions to Michigan’s minimum wage and tip law and newly created paid sick and

Puerto Rico

Puerto Rico Secretary of Labor and Human Resources Issues Opinion on Criteria for Defining Microenterprises, Small and Medium Businesses for Purposes of Act 41-2022

Littler·

Last month, Puerto Rico’s governor approved Act 41-2022, which includes a series of amendments to Puerto Rico’s Act 4-2017, better known as the Labor Transformation and Flexibility Act (LTFA), and other employment legislation. Act 41-2022 includes various provisions, including those providing specia

Puerto Rico

Puerto Rico Secretary of Labor Issues Opinion on Criteria for Vacation and Sick Leave Accrual for Part-Time Employees Under Act 180 as Amended by Act 41-2022

Littler·

On June 20, 2022, Puerto Rico’s governor approved Act 41-2022, which includes a series of amendments to Puerto Rico’s Act 4-2017, better known as the Labor Transformation and Flexibility Act (LTFA), and other employment legislation. One of the impacted statutes is Act 180-1998, Puerto Rico’s Vacatio

Illinois - General

Chicago Employers: Notable Amendments to Chicago's Sexual Harassment Ordinance

FordHarrison·

The City of Chicago amended its sexual harassment Ordinance on April 27, 2022. Chicago employers should take note of the following significant changes to the law that took effect on July 1, 2022. The amended Ordinance imposes new requirements on employers with respect to training, recordkeeping, and

Louisiana - General

Louisiana Becomes First Deep South State To Pass CROWN Act

Jones Walker LLP·

Louisiana Governor John Bel Edwards recently signed Louisiana’s version of the Creating a Respectful and Open World for Natural Hair (CROWN) Act into law. It was approved by the Louisiana Legislature in its recently concluded session. In doing so, Louisiana joins 16 other states and becomes the firs

Puerto Rico

Littler Global Guide - Puerto Rico - Q2 2022

Littler·

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations . View all Q2 2022 Global Guide Quarterly updates Download full Q2 2022 Global Guide Quarterly

California - General

U.S. Supreme Court Urged to Revisit Its Decision on Arbitration of California PAGA Claims

Jackson Lewis P.C.·

Saying the U.S. Supreme Court ruling in Viking River Cruises, Inc. v. Moriana , No. 20-1573 (June 15, 2022), that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis on

California - General

No COVID-19 Slowdown for California PAGA Filings: The Data Is In

Ogletree Deakins·

The COVID-19 pandemic did not slow down the pace of new California Private Attorneys General Act (PAGA) letters being filed with the state Labor Workforce Development Agency (LWDA), according to filing data. Instead, there was a significant increase in the filing of PAGA letters during the height of

Oregon - General

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

Littler·

On July 8, 2022, in Gist v. ZoAn Management, Inc ., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration. The court concluded that because nothing in the arbitration agreement prohibited the plaintiff from being

New Jersey - General

New Jersey Appellate Division Declares Nondisparagement Provisions Valid Under State Law

Ogletree Deakins·

In a decision that may be useful to employers drafting severance and litigation settlement agreements in New Jersey, a panel of the New Jersey Appellate Division found that provisions requiring parties not to disparage one another may be included in settlement agreements in employment-related cases.

Rhode Island

Rhode Island Enacts New “Tip Protection” Law

Littler·

On June 28, 2022, Rhode Island Governor Daniel McKee signed new “tip protection” legislation . The statute prohibits employers of tipped employees from retaining employee tips, creates new requirements for tip pools, and sets requirements for deductions from tips for credit card processing. Existing

California - General

CDF Webinar: Setting Sail for PAGA Litigation After Viking River

CDF Labor Law LLP·

With the recent United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, the landscape of California’s Private Attorneys General Act (PAGA) has undergone a seismic shift. While the ruling has been widely heralded as a victory for employers, it is not so clear that smoother wate

California - Wage & Hour

Episode 31: Rest/Meal Period Premiums: Wages or Penalties, and Who Cares?

Shaw Law Group, PC·

In this episode, Jen discusses the California Supreme Court’s recent decision in Naranjo v. Spectrum Security Services, Inc. regarding the proper treatment of Labor Code section 226.7 “premium pay.”

Colorado - General

Colorado Updates its Paid Sick Leave Guidance, Including Clarifications on Carry-Over Amounts and Public Health Emergency Leave

Littler·

On June 24, 2022, Colorado’s Department of Labor and Employment (CDLE) published a revised version of its Interpretive Notice & Formal Opinion (INFO) #6B regarding the Healthy Families and Workplaces Act (HFWA), the state’s paid sick leave law that first took effect in 2020.1 Notably, the updated IN