State Employment Law Articles

With the rise of multiple COVID variants, FDA approval of at least one vaccine, and now the federal government requiring that private employers mandate vaccinations, COVID-19 continues to infect California employers with a host of compliance hurdles, each one with increased costs, litigation exposur

In May 2021, the Arizona Legislature passed and Governor Doug Ducey signed Senate Bill (SB) 1268, which imposes stricter reporting requirements on private-sector labor unions by requiring “similar fiduciary guidelines as required by employers or third-party [benefits] administrators.”

Every court in California relies increasingly on remote video technology since the COVID-19 pandemic effectively closed courtrooms. California’s Judicial Council adopted temporary emergency rules to assist courts providing access to justice during the pandemic. As courts limited in-person hearings,

On September 6, 2021, New York State Commissioner of Health Howard A. Zucker designated COVID-19 as “a highly contagious communicable disease that presents a serious risk of harm to the public health in New York State.” As a result of the commissioner’s designation , employers are required to activa

On September 6, 2021, the New York State commissioner of health designated COVID-19 as a highly contagious communicable disease , thereby triggering certain requirements under the New York Health and Essential Rights (HERO) Act. Previously, employers were required to adopt an airborne infectious dis

Massachusetts is seeing an increase in Tips Act claims, and the Massachusetts Supreme Judicial Court (SJC) just reinforced that a lack of clarity in fee- and tip-related documentation may result in employer liability, including mandatory treble damages and attorneys’ fees. The Massachusetts Tips Act

This is the second in a series of articles about the implications of the California Privacy Rights Act for employers.

Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts.1 This will result from the court of appeal’s opinion in All of Us or None v.

A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA) that companies have failed to make their websites sufficiently accessible to indi

On March 7, 2020, Gov. Andrew Cuomo used his executive powers to announce Executive Order 202, placing New York under a State of Emergency based on the COVID-19 pandemic.

On September 6, 2021, Gov. Kathy Hochul announced that the commissioner of health designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health under New York State’s HERO Act.

Over its regular and two special sessions, the Texas legislature has passed several bills that are or soon will be in effect and will impact employers’ workplace policies and procedures. Additional special legislative sessions yet may be held and, with them, more changes may be on the horizon.

Missouri employers with at least 20 employees will soon be obligated to provide leave to victims of domestic or sexual violence under the Victims Economic Safety and Security Act (VESSA), signed into law by Governor Mike Parson on August 28, 2021. VESSA also requires employers to provide employees n

On August 25, 2021, the Supreme Judicial Court (SJC), the highest court in Massachusetts, ruled on the elements of a retaliation claim under the Domestic Violence and Abuse Leave Act (DVLA). The SJC held that an employer could be liable for retaliation under the DVLA where it rescinded an individual

On August 11, 2021, the Minnesota Supreme Court issued a decision of significance to any owner or manager of residential properties in Minnesota that employs live-in caretakers or property managers. The court confirmed that such businesses and their live-in employees may enter into agreements that i

In July 2021, Maine enacted a new “ban-the-box” law that limits employer inquiries into an applicant’s criminal history. Under the new law, entitled “An Act Relating to Fair Chance in Employment,” employers are prohibited from including criminal history inquiries in an application, but can engage in

After six years of litigation, CDF Labor Law LLP’s victory is etched in stone after the California Supreme Court denied review of a Court of Appeal decision that

Navigating the unemployment benefit administrative process under the Texas Unemployment Compensation Act can be difficult for employers. The act limits the type of conduct that may disqualify a claimant from receiving benefits, but it does provide for disqualification “if the individual was discharg

Georgia employers may be experiencing some whiplash from the latest updates to the state’s unemployment and partial unemployment rules and regulations in the wake of the COVID-19 pandemic.

Over 600 new laws went into effect on September 1, 2021 in Texas. Importantly, three (Senate Bill No. 45, Senate Bill No. 282, the House Bill No. 21) drastically modified the well-established, employer-friendly framework governing sexual harassment claims brought in the Lone Star state. In particula