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 Considers Assembly Bill 1993 Requiring Proof of COVID-19 Vaccination Status in Employment

Ogletree Deakins·

On February 10, 2022, Assembly Bill (AB) 1993 was introduced in the California legislature. This bill would amend certain COVID-19 vaccination requirements in employment settings and create a framework for California employers to be responsible for vaccination programs in their workplaces.

California - General

California Re-Introduces Paid COVID-19 Supplemental Sick Leave

CDF Labor Law LLP·

By: California Re-Introduces Paid COVID-19 Supplemental Sick Leave During 2020 and 2021, California introduced various bills that mandated COVID-19 supplemental paid sick leave for certain California employees. That leave expired in September 2021. The most recent winter surge, related to the Omicro

New York - General

Drop the Mask: NY No Longer Requires Proof of Vaccination or Masks for Most Businesses, but Employers’ Obligations May Not End There

Littler·

On February 9, 2022, New York State Governor Kathy Hochul announced that the state is largely discontinuing the mandate that businesses require proof of vaccination or masks to enter the premises. The mandate will remain in effect for businesses in certain industries (discussed below) but, for the m

Massachusetts - General

Massachusetts Paid Family and Medical Leave: February 2022 Update

Ogletree Deakins·

The Massachusetts Department of Family and Medical Leave (DFML) continues to issue, update, and consolidate guidance on the Massachusetts Paid Family and Medical Leave Act (PFML). Here is a summary of additional guidance released by the DFML in early 2022, which further updates our 2021 year-end art

New Jersey - General

New Jersey Employers Now Required to Provide Written Notice Before Using Tracking Devices in Employee Vehicles

Ogletree Deakins·

On January 18, 2022, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950. Under the law, private employers in New Jersey must provide employees with written notice before using tracking devices on vehicles operated by employees.

New York - General

What Employers Need to Know as NY Mask Mandate Expires

Goldberg Segalla·

On February 9, 2022, Governor Kathy Hochul announced that the New York Statewide Mask Mandate will not be renewed past its expiration on February 10, 2022. This has a great impact on the requirements for mask-wearing among the general public. However, there are several important distinctions.

Illinois - General

Illinois Court Temporarily Blocks Mandated COVID-19 Mitigation Measures at Nearly 170 School Districts

Littler·

In the midst of declining infection rates and increasing debate over mask and vaccine mandates, on February 7, 2022, Sangamon County Circuit Court Judge Raylene DeWitte Grischow temporarily enjoined COVID-19 mitigation measure mandates that had been imposed by order of Governor Pritzker and related

Mississippi

Mississippi Approves Medical Marijuana: What a Long, Strange Trip It’s Been

Ogletree Deakins·

Rarely are we able to combine the Grateful Dead and Mississippi in the same sentence, but the band once said, what a long strange trip it’s been.

California - General

California Governor Signs 2022 Supplemental Paid Sick Leave Bill

Littler·

On February 9, 2022, California’s governor signed Senate Bill (SB) 114 , which creates new Labor Code section 248.6. The law takes effect immediately and is retroactive to January 1, 2022, but an employer’s obligation to provide 2022 COVID-19 supplemental California paid sick leave (CPSL) does not b

California - Wage & Hour

California Posts Updated Reference Materials and FAQs for Filing 2021 Pay Data Reports

Ogletree Deakins·

The California Department of Fair Employment and Housing (DFEH) posted updates to its California Pay Data Reporting Portal User Guide and California Pay Data Reporting: Frequently Asked Questions (FAQ) guidance for the 2021 reporting year on its pay data reporting landing page on January 31, 2022. T

California - General

California’s New COVID-19 Supplemental Paid Sick Leave Law Passes Legislature and Awaits Governor’s Signature

Ogletree Deakins·

On February 7, 2022, the California legislature passed legislation reviving COVID-19 supplemental paid sick leave (SPSL). The law creates new California Labor Code Section 248.6 and takes effect ten days after Governor Newsom signs the legislation, which we expect is imminent. It applies to all empl

Illinois - Workers Compensation

Illinois High Court’s Long-Awaited Decision Holds BIPA Claims Not Barred By Workers’ Comp Law

Jackson Lewis P.C.·

The Illinois Supreme Court rejected a potential defense to claims of alleged violations of the Illinois Biometric Information Privacy Act (BIPA) when it held that the exclusivity provisions of the Illinois Workers’ Compensation Act (IWCA) do not bar claims for statutory liquidated damages brought by

California - Wage & Hour

WAGE-HOUR COMPLIANCE

Shaw Law Group, PC·

Wage and hour laws applicable to California employers are complex and ever changing. We briefly summarize below some of the various rules applicable to private sector, non-union employers and explain why wage-hour audits are critical.

California - Cal/OSHA

CALIFORNIA COVID-19 SICK LEAVE IS BACK!

Shaw Law Group, PC·

Well, it’s finally here. AB 84 was placed in print today. The Legislature has not approved it yet, but apparently will do so next week. If approved, we expect the Governor to sign it without delay (and it will be effective within 10 days). (Of course, anything can happen between now and then. Or in

Illinois - Workers Compensation

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

FordHarrison·

For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for liquidated damages under the Illinois Biometric Information Privacy Act (BIPA)

Oregon - General

Oregon Health Authority Adopts COVID-19 Vaccination and Masking Rules in Healthcare and K-12 Education

Ogletree Deakins·

On January 31, 2022, the Oregon Health Authority (OHA) published permanent rules relating to COVID-19 vaccination and masking requirements in healthcare settings, just a few days after issuing similar rules for K-12 schools. The permanent rules replaced temporary rules that expire after 180 days.

New York - General

New York State’s Expanded Whistleblower Protection Law: 5 Action Items for Employers

Ogletree Deakins·

On January 26, 2022, amendments to New York’s whistleblower protection law, codified at section 740 of the New York Labor Law (NYLL), took effect. As we previously reported, these amendments significantly expand the scope of section 740. Although New York employers that also operate in states with e

California - General

New California Bill Aims to Supersize Fast-Food Workers’ Rights

Ogletree Deakins·

On January 31, 2022, the California State Assembly passed Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which would potentially provide increased rights to the state’s more than 500,000 fast-food workers. If passed by the California State Se

Maine

Maine Legislation Would Raise Overtime Salary Threshold to More Than $57,000 in 2025

Ogletree Deakins·

The Maine Legislature will soon consider a bill that would raise the salary threshold for overtime pay from $38,250 to $57,375 within three years. If enacted, Legislative Document (L.D.) 607 would increase the threshold for salaried overtime pay in Maine every year, from 3,000 percent of the state’s

California - Cal/OSHA

California Legislation Would Expand Cal/OSHA’s Authority to Regulate Gun Use in Entertainment Industry

Ogletree Deakins·

The California Legislature recently introduced Senate Bill (SB) 831, which would increase regulations in, and add gun safety measures to, the motion picture and television industry.