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 - Cal/OSHA

Cal/OSHA Approves Third Revised ETS and Clarifies Position on Some Lingering Questions

Littler·

California’s Division of Occupational Safety and Health (Cal/OSHA or “the Division”) Standards Board met on April 21, 2022, and formally approved the third readoption of its COVID-19 Emergency Temporary Standard (“3rd Revised ETS”), by a 6-1 vote. There were no substantive changes from the earlier d

Maryland

Maryland is the Latest State to Pass Paid Family and Medical Leave

FordHarrison·

Executive Summary: On April 9, 2022, Maryland joined nine other states in providing some form of paid family and medical leave covering private employers. After the Time to Care Act 2022, SB 275, (the “Act”) passed both houses of the General Assembly by a supermajority vote, it was vetoed by Governo

Florida - General

Florida Federal Judge Strikes CDC’s Travel Mask Mandate - What It Means For California Employers

CDF Labor Law LLP·

By: Florida Federal Judge Strikes CDC’s Travel Mask Mandate - What It Means For California Employers On April 18, 2022, a Federal District Court struck down the CDC’s Mask Mandate that had required masking during travel throughout the United States concluding that the order exceeded the CDC’s statut

Arizona

Arizona Strengthens Background Check Requirements for Nursing Home and Skilled Nursing Facility Employees

Ogletree Deakins·

On March 18, 2022, Arizona Governor Doug Ducey signed nineteen bills into law, including, most notably for nursing home and assisted living facility employers, Senate Bill (SB) 1242, which strengthens employee background checks.

Illinois - General

Illinois DOL Provides Guidance on Equal Pay Registration Certificate Application Process

Littler·

The new requirements for employers to comply with the Illinois Equal Pay Act (the “Act”) Amendments took effect last month.

California - General

Telework Lawsuits: Keep Your Fingers Crossed

Shaw Law Group, PC·

Well. We all knew it would happen. Employees in droves are suing their employers for expenses they incurred while working from home during COVID-19. Unfortunately, most of the cases in California are class actions and/or PAGA claims, both of which are incredibly expensive and time-consuming for empl

New York - Wage & Hour

New York State Budget Increases Minimum Wage for Home Care Workers

FordHarrison·

On April 9, 2022, New York passed a $20 billion, multi-year healthcare investment in the FY 2023 State Budget. According to Governor Kathy Hochul, the budget includes “historic investments that will rebuild the health care economy by raising health care workers’ pay, improving their workplace infras

California - General

Employer Obligations Under the California Privacy Rights Act of 2020

FordHarrison·

On January 1, 2020, the California Consumer Privacy Act (CCPA) became effective and created an array of protections for consumers regarding data privacy rights while creating business obligations related to the collection and sale of personal information—codifying California Civil Code § 1798.100, e

California - General

California Privacy Rights Act for Employers: Developing and Posting a Privacy Policy for Human Resources Data

Littler·

This is the fifth in a series of articles about the implications of the California Privacy Rights Act for employers .

Maryland

Maryland Enacts a Paid Family and Medical Leave Program

Littler·

On April 9, 2022, the Maryland legislature voted to override Governor Lawrence J. Hogan’s veto of the Time to Care Act of 2022 (SB 275/HB8), passing it by a 30-16 vote in the Senate and by a 94-44 vote in the House. Maryland is the eleventh state1 (in addition to

California - General

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA Claim

CDF Labor Law LLP·

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action. Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent contractor or employee under their arbitration agreement.

New York - General

New York Employers Must Disclose Electronic Workplace Monitoring

FordHarrison·

Employers often monitor employees for a number of reasons, including to ensure workplace policies and procedures are followed, to detect illegal behavior such as trade secret theft, or to comply with regulatory obligations. As a result, many employers provide notice of electronic monitoring as a mat

Virgin Islands

U.S. Virgin Islands Enacts CROWN Act to Ban Discrimination on the Basis of Hair Texture and Protected Hairstyles

Ogletree Deakins·

On April 11, 2022, U.S. Virgin Islands Governor Albert Bryan Jr. signed into law Act No. 8553, “The Creating a Respectful and Open World for Natural Hair Act of 2022” or “The Virgin Islands Crown Act of 2022,” which prohibits discrimination based on hair texture or hairstyle.

Connecticut - Family And Medical Leave Act

Connecticut Department of Labor Issues Final Proposed Connecticut Family and Medical Leave Act Regulations

Littler·

In 2019 Connecticut enacted the Paid Family and Medical Leave Act, which entitles eligible Connecticut employees to paid family leave. The Paid Family and Medical Leave Act amended the previously existing Connecticut Family and Medical Leave Act (CT FMLA), and through a new law, the Connecticut Paid

Puerto Rico

Littler Global Guide - Puerto Rico - Q1 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 Q1 2022 Global Guide Quarterly updates Download full Q1 2022 Global Guide Quarterly

Maine

No Vacation From Vacation Pay in Vacationland: Beware, Maine Employers!

Ogletree Deakins·

In spite of significant opposition from Maine’s business community, including the Maine State Chamber of Commerce and leaders in the tourism, hospitality, and small business communities, Governor Janet Mills signed into law Legislative Document (L.D.) 225, “An Act Regarding the Treatment of Vacation

Puerto Rico

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

Littler·

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate reorganization. In Segarra Rivera vs. International Shipping Agency , 2022 T.S.P.R. 33

California - Cal/OSHA

Cal/OSHA to Vote this Week on ETS

Shaw Law Group, PC·

On April 21, 2022, Cal/OSHA may adopt a third version of its COVID-19 Emergency Temporary Standards (ETS). (I know. California has lifted most COVID-19 requirements. But…)

Massachusetts - Wage & Hour

State Law Remedies Not Available for Violations of FLSA, Massachusetts High Court Holds

Jackson Lewis P.C.·

Employees who assert wage claims available only under the federal Fair Labor Standards Act (FLSA) cannot recover the greater remedies available under the Massachusetts Wage Act (MWA), the Massachusetts Supreme Judicial Court has held. Devaney v. Zucchini Gold, LLC , 2022 Mass. LEXIS 156 (Mass. Apr.

Georgia - General

3 Ga. Bills That Died In The Latest Legislative Session

FordHarrison·

Atlanta Partner, Rick Warren, was featured in the Law360 Pulse article, "3 Ga. Bills That Died In The Legislative Session." In the article, Rick discusses why Georgia legislators rejected state bill H.B. 1389 or the "Georgia Safe Workplaces Act," in the last legislative session.