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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Washington State - General

Washington Updates COVID-19 Rules After Lifting Mask Mandate

Jackson Lewis P.C.·

Washington State has issued several updates to COVID-19 orders and guidance to clarify masking rules following Governor Jay Inslee’s announcement that the state-wide mask mandate was lifted effective March 12, 2022.

New York - Workers' Compensation

Keeping an Eye on the New Eye Disorder Medical Treatment Guidelines from the NY Workers’ Compensation Board

Goldberg Segalla·

The New York State Workers’ Compensation Board has announced new Medical Treatment Guidelines that become effective May 2, 2022. This alert includes a breakdown of the section for Eye Disorders.

Florida - General

"Time to 'Waive' Goodbye to Mandatory Arbitration Agreements? The Case for Utilization of Jury Trial Waivers in Florida" ACC Tampa Bay Newsletter

FordHarrison·

In the early 1990s, roughly two percent of American workers were subject to mandatory arbitration agreements with their employers. By 2018, that number was closer to sixty percent. But while pre-dispute mandatory arbitration agreements have become the norm for many employers, recent legislative acti

New Jersey - Restrictive Covenants

Ninth Circuit Rejects Enforcement of New Jersey Choice of Law and Non-Compete Agreement In Employment—The Importance of Being The First To File

CDF Labor Law LLP·

In novel and important decision, DePy Synthes Sales v. Howmedica Ostionic’s, Ninth Cir. Case No. 21-55126, on March 14, 2022, the Ninth Circuit Court of Appeals upheld the lower court’s decisions to prevent a former employer from enforcing non-California forum selection clauses and a non-compete aga

California - General

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

Littler·

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v.

New York - Human Rights Law

New York Employers: Gov. Hochul Signs New Sexual Harassment Laws into Effect

Jackson Lewis P.C.·

Seeking to address several open issues in New York’s sexual harassment laws, Governor Hochul has signed a package of legislation strengthening the state’s antiharassment initiative. The legislation consists of three separate bills, two of which are relevant for private employers: S.812B/A.2035B – Co

New York - General

New York Enacts New Workplace Harassment and Discrimination Protections

FordHarrison·

New York is once again amending its anti-harassment and anti-discrimination laws to provide greater protections to employees.

Louisiana - Restrictive Covenants

Louisiana Appellate Court Reminds Employers of the Strict Rules for Enforceable Noncompete Agreements

Ogletree Deakins·

Under Louisiana law, noncompetition agreements may limit competition only as to business similar to that of the former employer. The provision in Advanced Medical Rehab, L.L.C. v. Manton , the court found, violated La. R.S. 23:921 as it prohibited Manton from employment in the practice of marketing

California - General

California Fair Employment & Housing Council Proposes Sweeping Regulation of Automated Decision-making and Artificial Intelligence in Employment

Littler·

On March 15, 2022, the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws that would dramatically expand the liability exposure and obligations of employers and third-party vendors that use, sell, or administer employment-screening

New York - General

New York Enacts Series of Bills Focusing on Workplace Discrimination and Harassment

Ogletree Deakins·

On March 16, 2022, New York Governor Kathy Hochul signed a series of bills into law designed at combatting harassment and discrimination in the workplace. The governor has made addressing sexual harassment in the workplace part of her “Equity Agenda,” (which is part of the 2022 State of the State)

Wisconsin - General

Wisconsin Supreme Court Overturns Exception for Domestic Violence Crimes Under ‘Substantially Related’ Defense to Discrimination Claims

Ogletree Deakins·

On March 10, 2022, the Wisconsin Supreme Court released its decision in Cree, Inc. v. Labor and Industry Review Commission , which provides significant clarity for employers evaluating whether a domestic-related crime of an employee or applicant is substantially related to a job and thus a lawful re

Virginia

Virginia Drafts COVID-19 Guidance As It Mulls Eliminating Standard

Jackson Lewis P.C.·

Virginia has drafted workplace guidance in the event it strikes down its first-in-the-nation COVID-19 standard.

Oregon - General

Amendments to Oregon Limits on Workplace Agreements Await Governor’s Signature

Jackson Lewis P.C.·

The Oregon legislature has passed amendments to the Workplace Fairness Act clarifying that workplace agreements with a release of claims cannot include confidentiality or nondisparagement provisions, among other clarifications and changes.

New York - Human Rights Law

New York Enacts Laws Further Addressing Workplace Harassment and Discrimination

Goldberg Segalla·

Three new laws designed to further combat workplace harassment and discrimination were signed into law by Gov. Kathy Hochul on March 16, 2022.

D.C. - General

D.C.’s Ban on Noncompete Agreements Is Set for Another Postponement

Ogletree Deakins·

For employers wary of the looming implementation of the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020, it appears that the waiting game will continue until at least October 1, 2022. Although March 16, 2021, was the act’s “effective date,” the act’s near-total ban on nonc

Pennsylvania - General

Philadelphia Mayor Signs Bill Providing for COVID-19–Related Paid Leave

Ogletree Deakins·

On March 10, 2022, Philadelphia Mayor Jim Kenney signed into law the third iteration of the Public Health Emergency Leave law, which will guarantee up to forty hours of paid sick leave (COVID-19 leave) for eligible Philadelphia employees. The COVID-19 leave shall be provided to employees immediately

Oregon - General

Oregon Governor Signs Bill on Incentives, Bonuses, and Equal Pay Act Requirements

Ogletree Deakins·

Oregon employers may want to be aware that on March 7, 2022, Governor Kate Brown signed into law amendments to the state’s Equal Pay Act detailed in Senate Bill (SB) 1514. As a result, Oregon employers may offer vaccine incentives, hiring bonuses, and retention bonuses until 180 days after the

California - General

California and Local Orders Remove Mask Mandate From Schools

CDF Labor Law LLP·

By: California and Local Orders Remove Mask Mandate From Schools As positivity rates decline in the Golden State, effective March 12, 2022, California’s Public Health Department no longer requires the use of masks indoors in schools or childcare settings and Los Angeles County followed suit. Masks a

Oregon - General

Oregon Legislation Addresses Workers’ Compensation and Overtime Issues for Agricultural and Manufacturing Employees

Ogletree Deakins·

The primary employment-related bills passed in Oregon’s 2022 legislative session relate to pay equity and the Workplace Fairness Act. Oregon employers in particular sectors may also want to be aware of recently passed and pending legislation that addresses overtime eligibility for agricultural worke

Oregon - General

Oregon Amends Workplace Fairness Act to Limit Confidentiality in Settlement of Discrimination and Harassment Claims

Ogletree Deakins·

In 2019, Oregon Governor Kate Brown signed the Workplace Fairness Act (OWFA), which took full effect as of October 1, 2020. Among other things, the law prohibits employers from requiring employees to enter into agreements that would prevent them from disclosing conduct constituting discrimination an