State Employment Law Articles

Jennifer Shaw appeared on “The Afternoon News with Kitty O’Neal” to discuss the corporate board diversity law that was recently struck down by a Los Angeles County judge. You can listen to the interview here .

On March 24, 2022, Washington State Governor Jay Inslee signed into law the “Silenced No More Act,” which becomes effective June 9, 2022 (“Effective Date”). The Act prohibits agreements containing non-disclosure and non-disparagement provisions that restrict applicants, employees, and independent co

California law generally prohibits the enforcement of nonsolicitation agreements, but the law includes a narrow exception associated with the sale of a business. In Blue Mountain Enterprises, LLC v. Owen , a recent decision from the Court of Appeal of the State of California, First Appellate Distric

On February 9, 2022, Governor Newsom signed SB 114, creating 2022’s version of COVID-19 Supplemental Paid Sick Leave. The new law took effect on February 19, 2022, is retroactive to January 1, 2022, and expires on September 30, 2022.

On April 4, 2022, in Reuter v. City of Methuen , the Massachusetts Supreme Judicial Court (SJC) held that employers are strictly liable for treble damages for making late wage payments, even when an employee has not yet filed suit asserting a wage claim. In so holding, the SJC rejected an

On March 18, 2022, the U.S. District Court for the District of Montana issued a preliminary injunction in Montana Medical Association v. Knudsen , enjoining enforcement of part of Montana’s vaccination law against “all Montana health care facilities and individual practitioners and clinics” subject

In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York’s wage statement and wage notice claims under the Wage Theft Prevention Act (WTPA).

Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws on March 15, 2022 that relate to the nascent law surrounding the use of artificial intelligence, machine learning, and other dat

The New York State Workers’ Compensation Board has announced new Medical Treatment Guidelines that become effective May 2, 2022. Today’s alert includes a breakdown of the section for Complex Regional Pain Syndrome (also commonly referred to as CRPS or RSD).

Last month, in American Plumbing Professionals, Inc. v. ServeStar, LLC , Georgia’s Court of Appeals reversed a trial court’s determination that a non-compete provision was unenforceable and void because its territory was too broad. The non-compete at issue defined the geographic restriction as “the

On March 24, 2022, the New York City Council took up a new bill, Int. No. 134, which proposes changes to the local law enacted on January 15, 2022, regarding transparent pay practices. The local law, which is currently set to go into effect on May 15, 2022, makes it

On March 21, 2022, the Oregon Bureau of Labor and Industries (BOLI) adopted a permanent rule , effective April 1, 2022, that expands the reasons employees can use leave under Oregon’s paid sick and safe leave law during a public health emergency.

Initially driven by the COVID-19 pandemic, more than two years after the start of the first lockdown, remote work arrangements remain prevalent in California. According to one nonpartisan think tank, 22 percent of Californians work remotely and 15 percent have a mix of working remotely and working o

On March 30, 2022, Washington Governor Jay Inslee signed into law Senate Bill (SB) 5761, a measure that requires employers to affirmatively disclose in each job posting open to applicants the salary range or wage scale to be offered, as well as a general description of all benefits and other

On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc. , the SJC was asked whether the three-prong test for independent contractor status set forth in Massachusetts’ s

In the last few years, a flurry of state privacy legislation has bolstered protections for everything from biometric data to rights of deletion. Location data is no exception. The latest statute, New Jersey’s Assembly Bill No. 3950, goes into effect on April 18, 2022 and requires employers to provid

On March 30, 2022, the Supreme Court of the United States heard oral argument in a critically important case for California employers, Viking River Cruises, Inc. v. Moriana, Case No. 20-1573.

On February 10, 2022, California Assemblymember Eduardo Garcia, along with assembly members Luz Rivas and Robert Rivas, introduced Assembly Bill (AB) No. 2243, which would place a number of requirements on the California Division of Occupational Safety and Health (Cal/OSHA) in the areas of heat illn

The New York City Commission on Human Rights (NYCCHR) has published a fact sheet providing guidance on the heavily anticipated salary transparency law , which will take effect on May 15, 2022.

On March 22, 2022, the New York City Commission on Human Rights (NYCCHR) published long-awaited guidance regarding New York City’s salary disclosure law, which requires employers to post the anticipated “minimum and maximum salary” in job advertisements. The law, which was passed on December 15, 202