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 - Fair Employment And Housing Act

New Employment-Related Laws for 2022 That California Employers Need to Know

CDF Labor Law LLP·

The California Legislature again had a busy session and passed a number of laws that will materially impact California employers and their business operations. Below is a list of some of the key employment-related bills that have been signed into law by Governor Gavin Newsom. For a more comprehensiv

Louisiana - General

Louisiana and Orleans Lift Their Mask Mandates, Except for Students Subject to Opt-Out Procedures

Ogletree Deakins·

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.

Georgia - General

Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator

Ogletree Deakins·

Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise unenforceable covenant, including whether a court may extend the restrictions p

Louisiana - General

Louisiana Expands Liability for Perpetrators of Sexual Assault in the Workplace

Ogletree Deakins·

On June 10, 2021, the Louisiana State Legislature passed House Bill (HB) No. 379, a measure that provides for civil liability for injuries caused to individuals who have experienced sexual assault in the workplace, as defined by criminal statutes.

New Jersey - General

New Jersey Quietly Rolls Back Temporary Suspension of Employer Withholding Rules for Teleworking Employees

Littler·

Effective October 1, 2021, the New Jersey Division of Taxation (the “NJDT”) ended the temporary relief period with regard to employers’ obligation to withhold income taxes for teleworking employees who work in New Jersey.1 Employers must therefore stop basing their obligation to withhold and remit i

Missouri - General

Missouri Governor Thumbs Nose at Federal Mandates, but Private Employers Still Left Wondering Whether and How to Comply

Ogletree Deakins·

Following in the footsteps of governors in states such as Alabama, Arkansas, and Texas, on October 28, 2021, Missouri Governor Mike Parson issued Executive Order 21-10, a measure intended to chip away at the reach of federal vaccine mandates.

New York - General

What to Know About New York City’s Law on COVID-19 Severance Pay for Hotel Workers

Jackson Lewis P.C.·

Under a New York City law, hotels with at least 100 rooms that either (1) experienced a mass layoff of 75% or more of their workforce or (2) were closed to the public during the COVID-19 pandemic, but have not reopened to the public by November 1, 2021, must pay a weekly severance to laid-off employ

California - General

CPRA Preparation: Action Steps

Littler·

Keeping in mind that the compliance date of the California Privacy Rights Act is not until January 1, 2023, what are steps employers can take now? Denver Shareholders Zoe Argento and Philip Gordon, also Co-Chairs of Littler’s Privacy Practice, discuss building your CPRA compliance team, data retenti

Colorado - General

Colorado Proposes Expanded Definition of Vacation Pay, New Highly Compensated Employee Exemption, Modifications to Paid Sick Time Calculations, and Other Revisions to Wage Regulations

Littler·

The Colorado Department of Labor Division of Labor Standards and Statistics has proposed modifications to its Wage Protection Rules and has published proposed Colorado Overtime and Minimum Pay Standards (COMPS) Order #38. If adopted for 2022, the Wage Protection Rules would significantly expand the

Georgia - Restrictive Covenants

Non-Compete News: Georgia Courts Cannot Extend Non-Compete Beyond Its Terms

FordHarrison·

The more things change, the more they stay the same. That adage is apparent in Georgia’s non-compete law, which had a major overhaul in May 2011, when Georgia’s Restrictive Covenant Act (RCA) became effective. The RCA applies to restrictive covenant agreements entered into after May 2011, whereas Ge

California - General

CDF Webinar: New California Employment Laws and Developments for 2022

CDF Labor Law LLP·

On November 30, 2021, from 9:30 a.m. to 10:45 a.m. (Pacific Time), CDF Partners Mark Spring and Nicole Legrottaglie will be presenting our annual complimentary “Year in Review” webinar that will cover 2021’s new laws, key judicial decisions, and important regulatory developments affecting California

California - Cal/OSHA

Cal-OSHA Issues A New Set Of Proposed Revisions To The ETS

CDF Labor Law LLP·

By: Cal-OSHA Issues A New Set Of Proposed Revisions To The ETS Last week, on October 20, California’s Division of Occupational Safety and Health (“Cal/OSHA”) issued proposed revisions to the Emergency Temporary Standards (“ETS”). If approved, the revisions would be in place from January 14, 2022 unt

California - General

End of California 2021 Legislative Session Brings New Laws Affecting California Employers

Jackson Lewis P.C.·

The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless otherwise specified.

California - General

U.S. Chamber of Commerce Asks Ninth Circuit to Reconsider Ruling Upholding California’s Mandatory Employment Arbitration Ban

Ogletree Deakins·

On October 20, 2021, the U.S. Chamber of Commerce, the lead plaintiff challenging AB 51, filed a petition for rehearing en banc with the U.S. Court of Appeals for the Ninth Circuit, seeking to reverse the Ninth Circuit’s decision in Chamber of Commerce of the United States of America v.

Massachusetts - General

Massachusetts Court Ruling Highlights Importance of Employer Responses to Personnel File Requests in Motions to Compel Arbitration

Ogletree Deakins·

Judge Shannon Frison, sitting in the Middlesex County Superior Court in Massachusetts, recently issued a ruling that highlights for employers the importance of providing complete and timely responses to requests for employee personnel files. Judge Frison’s ruling arose in the context of an employer’

California - Wage & Hour

Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions

Jackson Lewis P.C.·

Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully earned prior to his termination. Peak v. TigerGraph , Case no. 21-cv-02603

Oregon - General

Oregon Federal Court Joins Other Jurisdictions in Denying Challenge to Government-Issued Vaccine Mandate

Littler·

On October 18, 2021, in a 55-page opinion, an Oregon federal district court denied a request for a temporary restraining order (TRO) to prevent the Oregon Health Authority’s (OHA) recent orders requiring that educational and health workers and certain state executives obtain the COVID-19 vaccine (“V

New York - Wage & Hour

New York’s General Contractors are Jointly Liable for Construction Worker Wages

Littler·

Last month, New York Governor Kathy Hochul signed legislation , S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to construction workers.

Pennsylvania - General

Pittsburgh Extends Mandatory COVID-19 Paid Sick Leave

Ogletree Deakins·

On July 29, 2021, Pittsburgh Mayor Bill Peduto signed a COVID-19 paid sick leave ordinance granting emergency paid sick leave for certain employees for COVID-19–related reasons. The ordinance will remain in effect for one year and will expire on July 29, 2022.

Washington State - General

Washington Raises Income Thresholds for Employees, Contractors Subject to Noncompetition Covenants Nearly 6 Percent for 2022

Ogletree Deakins·

In May 2019, Washington State enacted restrictions on the enforceability of noncompetition covenants. The law, which took effect on January 1, 2020, requires the state to annually adjust the income thresholds for workers who are subject to noncompetition covenants.