State Employment Law Articles

As suggested by its previous motion , the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act (FAA) did not preempt California’s ban on mandatory arbitration contracts, Assembly

On October 20, 2021, California’s Division of Occupational Safety and Health (known as Cal/OSHA) issued proposed language for the second readoption of Emergency Temporary Standards (ETS) for COVID-19 Prevention.

The pandemic may be waning, but the requirement for Colorado employers to provide supplemental public health emergency leave to employees under certain COVID-19–related circumstances continues. On October 15, 2021, U.S. Secretary of Health and Human Services Xavier Becerra announced another extensio

Executive Summary: A new Missouri law requires covered employers to provide unpaid leave for victims of domestic or sexual abuse and their family members and requires notice of the right to this leave be provided by October 27, 2021.

Among the many new California bills signed into law this session are two that amend the state’s workplace safety laws. Senate Bill (SB) 606 creates new classes of health and safety violations and dramatically increases liability for non-compliant written workplace safety and health programs. Assembl

Healthcare and healthcare-related employers have not just been at the heart of the fight against the COVID-19 pandemic, they have also recently been on the battleground in the fight over mandatory vaccination. Multiple states and locales have enacted some form of a mandatory COVID-19 vaccination req

Labor and employment partners Jennifer Kogos and Maggie Spell, Alex Glaser, a partner in the Tax Practice Group, and Jacob Pritt, an associate in the Labor & Employment Practice Group recently authored the section, " US Regional Employment 2021: Louisiana " in the USA Chambers and Partners Global Pr

Sean Paisan and Sierra Vierra co-author "Cal/OSHA Modifies Quarantine Rules for Asymptomatic, Unvaccinated Workers," published by SHRM .

In a recent opinion, the South Carolina Supreme Court unanimously agreed with the lower court’s dismissal of a lawsuit brought by four individuals to challenge Governor Henry McMaster’s decision to end federal unemployment programs early.

THE NEW YORK STATE WORKERS COMPENSATION BOARD HAS ANNOUNCED A CHANGE IN POLICY REGARDING THE SECTION 32 AGREEMENT, EFFECTIVE DECEMBER 6, 2021

There are many laws that provide for time off, paid or unpaid, and some provide protected leaves of absence, too, including CFRA, USERRA, FMLA, PFL, PDL, California Paid Sick Leave, Workers’ Compensation and more. Understanding and applying this matrix of laws is a challenge, particularly adding COV

On October 13, 2021, Arkansas Governor Asa Hutchinson allowed a new law addressing mandated COVID-19 vaccines for employees to go into effect without his signature. The Arkansas legislation specifically allows employees to opt out of COVID-19 vaccine requirements by means other than the medical or r

The Court of Appeal of the State of California, Fourth Appellate District, recently handed a potentially significant website accessibility win to the business community under the Unruh Civil Rights Act (Unruh Act) when it upheld a jury verdict in Thurston v. Omni Hotels Mgmt. Corp. (Cal. Ct. App. Se

On September 30, 2021, California Governor Gavin Newsom signed into law Assembly Bill (AB) No. 1578, which amends Government Code section 11425.20(a) to provide that administrative hearings shall be open to the public, including by live audio or video.

On October 8, 2021, the Douglas County Health Department—which recently separated from the Tri-County Health Department (that covered Douglas, Adams and Arapahoe Counties—issued a public health order relating to COVID-19 mitigation protocols (the “PHO”).

Philip Gordon and Zoe Argento, shareholders in Littler’s Denver office, are joined by Kwabena Appenteng, shareholder in Littler’s Chicago office, to discuss new vendor contracting issues related to the CPRA . Kwabena addresses both requirements and recommendations for provisions to be included in th

Construction industry players are deluged with documents.

On October 5, 2021, Governor Phil Murphy signed into law amendments to the New Jersey Law Against Discrimination (NJLAD) that significantly expand causes of action available to older workers. While NJLAD has always prohibited age-based discrimination in employment, the new amendments create a new pr

California employers may now distribute required posters and notices to employees via email. Senate Bill 657, which is effective on January 1, 2022, clarifies that employers do not need to send or show remote employees required employee postings.

The California Supreme Court issued several employment law decisions during the past year. We summarize below the most important of these rulings.