State Employment Law Articles

On November 1, 2021, Governor Hochul signed S.2928-A announcing an amendment to the New York Paid Family Leave Law (NY PFL).

New York has historically been known as a bedrock of employment-at-will. Its legislature and courts were long resistant to permitting exceptions to this doctrine, such as by recognizing public policy “wrongful dismissal” lawsuits outside the statutory prohibitions against discrimination, harassment,

On November 10, 2021, Tennessee Governor Bill Lee announced that he would sign legislation that addresses various COVID-19–related issues, including vaccine mandates and mask mandates. The law is effective immediately. There are several major issues for employers regarding COVID-19 prevention measur

The District of Columbia Council has passed legislation mandating that employers provide paid leave to employees for time spent obtaining and, if needed, recovering from side effects of a COVID-19 vaccine. Employees will also be provided with leave to accompany minor children to a COVID-19 vaccine a

On November 8, 2021, Gov. J.B. Pritzker signed Senate Bill 1169, which amends the Illinois Health Care Right of Conscience Act to clarify that the Act was not intended to apply to COVID-19 requirements. The amendment therefore gives employers greater authority to impose COVID-19 requirements as a co

On November 5, 2021, Alabama Governor Kay Ivey signed into law Senate Bill (SB) 9, restricting Alabama employers from requiring COVID-19 vaccination as a condition of employment. The law took effect immediately.

So. Cal/OSHA’s agenda for its November 18 meeting includes adopting emergency language related to “vaccines, testing and face coverings” in light of the OSHA ETS. No proposed language is available yet. Here is the link to the agenda in its current form. More to come.

By a 65% to 35% margin, on November 2, Tucson, Arizona, voters passed Proposition 206, officially known as the Tucson Minimum Wage Act, increasing the City’s minimum wage to $15.00 an hour by 2025. In addition, the Act includes several other significant changes that will impact employers operating i

Alabama joined other states in pushing back against federal workplace vaccine mandates. On November 5, 2021, Alabama Governor Kay Ivey signed into law Senate Bill 9 that places new limits on Alabama employers’ ability to terminate the employment of workers who refuse a mandated COVID-19 vaccine.

Although West Virginia Governor Jim Justice has actively pushed for residents to get vaccinated—most notably, through his statewide “Do It For Babydog” sweepstakes—he has voiced opposition to COVID-19 vaccination mandates and new masking initiatives.

Many law firms have posted on their blogs explaining the content of the new OSHA Emergency Temporary Standard (ETS) published on November 5, 2021. I like this post , which is particularly comprehensive.

On October 28, 2021, New York Governor Kathy Hochul signed into law Senate Bill S4394A, which amends section 740 of the New York Labor Law (NYLL) to enhance protections for private-sector employees who allege retaliation for reporting violations of and “law, rule or regulation.” While cases alleging

The plaintiffs were not likely to succeed in showing their individual interests in remaining unvaccinated outweighed Oregon’s interest in public health and welfare to slow the spread of COVID-19, U.S. District Court Judge Michael Simon concluded in denying a request for a temporary restraining order

New York Governor Kathy Hochul announced on November 1, 2021 that she signed legislation expanding the definition of “family member” under the New York Paid Family Leave Act to include “siblings,” effective January 1, 2023.

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) to minimize the risk of COVID-19 transmission in the workplace. The California Division of Occupational Safety and Health (Cal/OSHA) was planning to update and adopt new languag

It arrived. Finally. For those of us who have poured over the 490 glorious pages of OSHA’s emergency temporary standard (ETS) requiring employers across America to get their employees vaccinated, our collective heads are spinning this morning. This is a leave law blog so, of course, I’ll give you ev

Mask mandates, with certain exceptions, are ending in Louisiana. This week, Louisiana’s governor lifted the statewide mandate, which allowed cities to impose their own mandates. New Orleans’ mandate, which has been in effect since July 2021, is also now ending.

On October 29, 2021, Iowa Governor Kim Reynolds signed House File 902 into law, a measure that requires Iowa employers with mandatory COVID-19 vaccine policies to waive their requirements for employees who seek vaccination exemptions for medical or religious reasons. The law also permits individuals

An amendment to the Oregon Safe Employment Act signed by Governor Kate Brown creates a “rebuttable presumption” of discrimination or retaliation if an employer takes an adverse action against any employee or prospective employee who engaged in certain protected activities within 60 days.

On March 28, 2021, New Jersey Gov. Phil Murphy signed the New Jersey Small Business Retirement Marketplace Act, which requires qualifying employers to automatically enroll their employees in the New Jersey Secure Choice Savings Program. While enrollment in the program began on March 28, 2021, qualif