State Employment Law Articles

As of January 1, 2023, Tennessee will require all private employers with at least 35 employees to use E-Verify and maintain E-Verify case results. E-Verify is a federal electronic database intended to aid employers in confirming that the documentation provided by new hires to establish lawful employ

On May 13, 2022, Illinois Governor J.B. Pritzker signed into law SB3146, amending the provisions of the Illinois One Day Rest in Seven Act (ODRISA), which addresses both day of rest and meal break requirements for employees in the state. Fortunately for employers, the amendments do not take effect

For many years, an oft-litigated question concerned whether a former employee was owed the commissions on sales made prior to the employee’s discharge from employment. Sometimes employment agreements were clear on the issue, such as by providing unambiguously that commissions would be paid when the

On May 25, 2022, the California State Assembly approved Assembly Bill (AB) No. 2243, with the bill now proceeding to the Senate for a vote.

Governor J.B. Pritzker signed into law Senate Bill 3146 , amending the Illinois “One Day Rest in Seven” Act (ODRISA), on May 13, 2022. Those amendments add additional meal period, day of rest, and notice requirements to, and significantly increase the potential civil penalties for violations of, the

Earlier this week, the California Supreme Court added another layer of complexity to California’s already-onerous wage and hour regulatory scheme. In this week’s development, the California Supreme Court held in Naranjo v. Spectrum Security Services, Inc., that premiums for missed meal periods now c

Summer is almost here! With schools wrapping up their academic calendars, some high school students will soon be looking for summer jobs. And with the labor market as tight as it is, some employers who have not previously hired minors may be looking to do so to fill openings.

On July 1, 2022, amendments to Chicago’s Human Rights Ordinance will go into effect. In April 2022, Chicago Mayor Lori E. Lightfoot and the Commission on Human Relations amended the Chicago Human Rights Ordinance, adding additional protections for those subjected to sexual harassment. The amendments

On May 23, 2022, the Supreme Court of California held that premium pay for missed meal and rest periods constitutes “wages” under California labor law and that employers may be held liable for the failure to properly report and timely pay out such wages.

In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc . that meal period and rest break violations can also trigger derivative claims for waiting time

The Illinois Department of Labor (IDOL) has, at long last, issued proposed rules implementing its equal pay registration certificate requirements. As a reminder , Illinois is setting deadlines for covered employers to apply for certification on a rolling basis. The deadline for the first round of em

California law requires employers to provide meal and rest periods to most non-exempt employees. If an employer does not provide eligible employees with the opportunity to take those meal and rest periods, then Labor Code section 226.7 requires the employer to pay an additional hour of pay as a “pre

Last week, the New Jersey Assembly’s Labor Committee passed bill A3715, designed to sharply limit the available provisions, use, and enforceability of restrictive covenants in employment contracts by New Jersey employers. A3715 purports to address the laudable goal of exempting low-wage workers, stu

On May 23, 2022, the Supreme Court of California held that premium pay for missed meal and rest periods constitutes “wages” under California labor law and that employers may be held liable for the failure to properly report and timely pay out such wages.

New Jersey Governor Phil Murphy has signed into law a bill that requires employers to provide employees written notice before using tracking devices on any vehicle used by an employee.

The WCAB recently issued a panel decision, Abraham Christian v. Ring Security Agency, Inc. , which awarded interest against a defendant despite its timely payment of attorney’s fees deriving from settlement.

On May 17, 2022, the California Division of Occupational Safety and Health (Cal/OSHA) released a revised discussion draft of proposed regulations for workplace violence prevention in the general industry standards.

On April 27, 2022, the Chicago City Council amended the city’s sexual harassment ordinance with the express purpose of promoting zero tolerance of violence and harassment in the workplace. The amendments will be part of the Chicago Human Rights Ordinance. The ordinance retains the current directive

On May 13, 2022, Illinois Governor JB Pritzker signed into law Senate Bill (SB) 3146, an amendment to the One Day Rest In Seven Act (ODRISA). ODRISA provides meal breaks to all employees and a consecutive twenty-four hour rest period to most employees.

On May 9 and 10, 2022, the Oregon Occupational Safety and Health Administration (Oregon OSHA) adopted final rules on heat illness and wildfire smoke.