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 Employers’ Minimum Wage Compliance Checklist for 2022

Ogletree Deakins·

On January 1, 2022, the minimum wage in California increased to $15 per hour for employers with twenty-six or more employees, and $14 per hour for employers with twenty-five or fewer employees.

Washington State - Wage & Hour

Washington Delays Payroll Tax and Adds Exemptions for Long-Term Services and Support Trust Program

Jackson Lewis P.C.·

After months of confusion about whether to begin withholding premiums from employees’ paychecks on January 1, 2022, employers and employees in Washington state have gotten a reprieve from the controversial payroll tax for the long-term services and support program, called the WA Cares Fund.

Indiana

Indiana’s New Procedure Regulating the Employment of Minors Now Fully Operational

Jackson Lewis P.C.·

Indiana companies employing minors should review Indiana’s updated statutory procedure making them responsible for registering the employee with the state, among other obligations. The legislature designed the new procedure to modernize and simplify the hiring process for employers and minors.

Georgia - Restrictive Covenants

Non-Compete News: Federal Court in Georgia Finds Customer Contact Information May Be a Trade Secret, Interprets Customer and Employee Non-Solicit Provisions under Georgia's Restrictive Covenants Act

FordHarrison·

In Tanium v. Yago et al ., the U.S. District Court for the Northern District of Georgia recently reminded us of a few things: (1) customer contact information can constitute a trade secret; (2) the Georgia Restrictive Covenant Act ("RCA") provides a court greater freedom to modify an otherwise overb

California - General

San Francisco Issues Revised Rules on Vaccination and Masking Requirements

CDF Labor Law LLP·

In keeping pace with state and federal agencies that are updating public health guidance around COVID-19, San Francisco once again revised its Public Health Order on January 26, 2022 to address vaccination and masking requirements for various businesses that operate in San Francisco, many of which w

Illinois - General

Illinois’s Lodging Services Human Trafficking Law Leaves Unanswered Questions for Restaurants and Truck Stops

Ogletree Deakins·

On January 1, 2022, amendments to Illinois’s Lodging Services Human Trafficking Recognition Training Act (820 ILCS 95/) took effect, ostensibly adding restaurants and truck stops to the act’s purview. Under the amended act, “a lodging establishment, restaurant, or truck stop shall provide its employ

Washington State - General

New Laws Postpone Washington Cares Act Employee Premiums to July 1, 2023, and Require Employers to Refund any Premiums Already Collected

Littler·

On January 27, 2022, Washington Governor Jay Inslee signed House Bills 1732 and 1733 , delaying and amending the Washington Cares Act (WA Cares). Notably, for employers, the bills delay the obligation to withhold WA Cares employee premiums, now set to begin on July 1, 2023, and require employers to

South Carolina - General

South Carolina Senate Debates Legislation to Legalize Medical Cannabis

Maynard Nexsen·

Just over a year ago, the South Carolina Legislature introduced the “South Carolina Compassionate Care Act” ( S. 150 and H. 3361 ), which, for the first time, would allow medical cannabis in the state.

Washington State - General

Washington Delays Implementation of Long-Term Care Legislation

Ogletree Deakins·

On January 27, 2022, Governor Jay Inslee signed two bills that delay implementation and propose several reforms to the Washington Cares Act, which created a payroll tax to support Washington residents with the costs of long-term care.

California - General

Does the Federal Arbitration Act Preempt California’s Private Attorneys General Act? Supreme Court Takes Up Million-Dollar Question

Ogletree Deakins·

On March 30, 2022, the Supreme Court of the United States will hear the matter of Viking River Cruises, Inc. v. Moriana , Case No. 20-1573. The Court will answer the question, “Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee ca

Colorado - General

Colorado’s Public Health Emergency Paid Sick Leave Requirement Continues Into 2022

Ogletree Deakins·

Nearly two years after declaring a public health emergency exists due to the COVID-19 pandemic, the U.S. Department of Health and Human Services (“HHS”) has extended that determination yet again. On January 14, 2022, U.S. Secretary of Health and Human Services Xavier Becerra announced the eighth con

New York - General

2021 New York State, City Legislative and Related Developments; 2022 Outlook

Jackson Lewis P.C.·

While most of our focus over the last year has been on COVID-19-related developments, New York State and New York City employers also must ensure compliance with other recent and upcoming legal changes.

New York - Workers' Compensation

Professional Employer Organizations See Win from NY Appellate Court in Unleased Employee Matter

Goldberg Segalla·

THE NEW YORK WORKERS’ COMPENSATION BOARD AND THIRD DEPARTMENT CONTINUE TO GRAPPLE WITH THE BREADTH OF COVERAGE PROFESSIONAL EMPLOYER ORGANIZATIONS PROVIDE TO UNDERLYING EMPLOYERS.

New Jersey - General

John W. Meyer Explores the Employer Enigma of Expunged Records and Negligent Hiring in the New Jersey Law Journal

Goldberg Segalla·

Picture a scenario in which an employer, prior to the hiring process, acquires previously expunged records of a potential employee. What are they to do? Does that constitute potential knowledge and liability under a negligent hiring analysis?

California - General

California Plans to Reactivate COVID-19 Supplemental Paid Sick Leave

FordHarrison·

On January 25, 2022, California Governor Gavin Newsom and state legislatures announced plans to reactivate the expired COVID-19 Supplemental Paid Sick Leave (CSPSL) applying to employers with 26 or more employees, which we discussed in our previous Alert . Complete details regarding the agreement of

Puerto Rico

Puerto Rico Government Issues Three New Executive Orders in Relation to COVID-19

Littler·

On January 28, 2022, Puerto Rico Governor Pedro Pierluisi issued three additional executive orders in connection to COVID-19. These executive orders span a wide range of sectors, from travelers to private-sector employers and students. The most important aspects of each executive order (EO) are summ

California - Wage & Hour

Federal Regulations Trump California’s Meal and Rest Break Rules For Short Haul Drivers Too

CDF Labor Law LLP·

Employers in the trucking industry have repeatedly tried to challenge the applicability of California’s stringent meal and rest break laws to their workers, in light of the practical difficulties of complying with those rules and its conflict with contrary federal regulations.

California - General

The California Privacy Rights Act: Employers’ Compliance Obligations and More

Ogletree Deakins·

Beginning January 1, 2020, certain California employers were required to comply with portions of the California Consumer Privacy Act of 2018 (CCPA) regarding the collection of consumers’ personal information. On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights

California - Cal/OSHA

California’s Governor Newsom to Bring Back COVID-19 Supplemental Paid Sick Leave

Ogletree Deakins·

On January 25, 2022, California Governor Gavin Newsom and California legislative leaders announced they have reached an agreement to require employers again to provide COVID-19 supplemental paid sick leave (SPSL), which expired on September 30, 2021.

California - Cal/OSHA

Cal/OSHA Releases New FAQs on COVID-19 Prevention ETS

Ogletree Deakins·

On January 24, 2022, the California Division of Occupational Safety and Health (Cal/OSHA) released new guidance in the form of answers to frequently asked questions (FAQs) regarding the COVID-19 Prevention Emergency Temporary Standards (ETS) to further clarify employer obligations.