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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Virginia

Amendment to Virginia Overtime Wage Act Restores Certain Employee Overtime Exemptions

Ogletree Deakins·

Over the past 16 months, a quiet labor and employment law revolution has been underway in Virginia. In the first quarter of 2021, the Virginia General Assembly doubled down legislative initiatives, imposing several additional labor and employment changes that will present challenges for many employe

Illinois - Restrictive Covenants

Governor Pritzker Signs Illinois Noncompete Legislation Into Law

Ogletree Deakins·

On August 13, 2021, Illinois Governor JB Pritzker signed into law Senate Bill (SB) 672, an amendment to the Illinois Freedom to Work Act. While the law codifies substantive Illinois common law on restrictive covenants, it also sets forth new and important limitations and requirements regarding the u

New York - Labor Law

New York Amends Labor Law to Expand Employees’ Ability to Bring Wage Claims

Littler·

Governor Andrew Cuomo signed a bill (S858) that amends the New York Labor Law to make it easier for employees to bring claims against their employers for alleged unpaid and/or owed wages. The legislation, titled the “No Wage Theft Loophole Act,” aims to eliminate what its supporters say is

California - General

CDF Webinar: The “Golden State” of PAGA: Status and Trends of CA Wage and Hour Litigation

CDF Labor Law LLP·

Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how these developments impact business operations and litigation strategies for C

Massachusetts - General

Boston Mandates Face Coverings Indoors Effective August 27, 2021

Jackson Lewis P.C.·

The City of Boston has announced that, in response to the ongoing COVID-19 pandemic, it will require individuals to wear face coverings “whenever they are indoors on the premises of a business, club, place of assembly or other place that is open to members of the public, including but not limited to

New Jersey - General

New Jersey Cannabis Commission Gives Employers Who Drug Test A Reprieve on Physical Examination Requirement

FordHarrison·

As we previously discussed here , New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) contains several protections for New Jersey employees who use recreational cannabis, while also reserving for employers the right to drug test under certain condi

Pennsylvania - General

Philadelphia Tweaks Exceptions to August 11, 2021 Indoor Mask Mandate

Littler·

On August 13, 2021, the Philadelphia Department of Health published a regulation amending its August 11, 2021 order that requires individuals to wear a face mask (with certain exceptions) in indoor settings and at certain large outdoor events in Philadelphia, unless a

New York - General

No Soup for You & Take Your Coffee to Go – Accommodations and the Key to NYC Pass

Littler·

New York City recently implemented the Key to NYC Pass , which requires patrons and employees of certain indoor entertainment, recreation, dining, and fitness establishments to prove that they have received at least one dose of the COVID-19 vaccine to enter the establishment. There is no “testing ou

Pennsylvania - General

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler·

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA). Palmiter v. Commonwealth Health Sys., Inc. , No. 398 MDA 2020, 2021 PA Super. 155 (Pa. Super. Ct. Aug. 5, 2021). This

Maryland

Maryland to Mandate Vaccinations for Healthcare Workers in Hospitals and Nursing Homes, Effective September 1, 2021

Ogletree Deakins·

As the number of new cases of the Delta variant of COVID-19 continues to grow nationwide, Maryland Governor Larry Hogan announced, on August 18, 2021, measures to prioritize patient safety in nursing homes and hospitals. Effective August 18, 2021, Maryland is requiring employees in the state’s nursi

New York - General

The Key to NYC: Unlocking the City Starts With COVID-19 Vaccination Proof for Dining, Fitness, and Entertainment Venues

Ogletree Deakins·

On August 3, 2021, New York City Mayor Bill de Blasio announced that proof of vaccination would be required for individuals to enter certain indoor establishments. In a first of its kind mandate, New York City officially implemented the “Key to NYC” through Emergency Executive Order 225, which becam

Illinois - General

The Trend Continues: Illinois Imposes Additional Prerequisites and Restrictions on Employers’ Use of Restrictive Covenants

Littler·

In the last 10 years, states across the country have passed measures imposing new requirements and restrictions on employers wishing to use non-compete agreements with their workforces. In 2016, Illinois enacted the Freedom to Work Act (IFWA), which prohibits employers from entering into or enforcin

New York - General

New York State Requires Healthcare Workers to be Vaccinated Against COVID-19

Littler·

On August 16, 2021, New York Governor Andrew Cuomo announced that all healthcare workers in New York State, including staff at hospitals and long-term care facilities such as nursing homes, adult care facilities and other congregate care settings, are required to be vaccinated against COVID-19. Heal

Illinois - General

Recent and Proposed Changes to Illinois Human Rights Act: Disability, Work Authorization Discrimination, and What May Be on the Horizon

FordHarrison·

On August 2, 2021, Governor J.B. Pritzker signed into law Public Act 102-0233 , which adds work authorization status to the list of protected classifications in Illinois. Effective immediately, the Illinois Human Rights Act (IHRA) now makes it a civil rights violation for an employer to discriminate

New York - General

The Key to NYC Pass: Vax Up or Miss Out

Littler·

Earlier this month, New York City Mayor Bill de Blasio announced that the city would be implementing the “Key to NYC Pass” requiring that patrons and employees of certain indoor entertainment, recreation, dining and fitness establishments prove that they have received at least one dose of the COVID-

New York - General

NYC Mandates Retirement for All

Littler·

New York City employers that do not offer their own retirement savings plans to employees will soon be required to do so.

Pennsylvania - General

Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination

Ogletree Deakins·

On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the employee’s status as a certified user of medical marijuana.

Pennsylvania - General

In Pennsylvania, Facial Expressions Matter.

Jackson Lewis P.C.·

A Pennsylvania court recently addressed whether a deponent could be compelled to remove a face mask during his deposition after the deponent refused, citing health concerns. After rescheduling the deposition once, plaintiff’s counsel asked the Court to order the deponent to testify maskless given th

Louisiana - General

New Orleans to Require Proof of Vaccination or Negative COVID-19 Test to Enter Indoor Facilities

Ogletree Deakins·

On August 12, 2021, New Orleans Mayor LaToya Cantrell and the City of New Orleans Health Department announced updated Guidelines for COVID-19 Reopening, which require individuals to provide proof of “having received at least one dose of a COVID-19 vaccine” or “evidence of a negative COVID-19 PCR tes

California - General

CDF Prevents Employee From Pursuing Class Claims For Unpaid Wages

CDF Labor Law LLP·

This week CDF secured a victory for a California Employer when the California Court of Appeal held that the employer’s general California choice-of-law provision in its employment agreement did not entitle the employee to pursue class claims for unpaid wages.