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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Montana

Montana Releases FAQs on Vaccine Discrimination Law

Littler·

The Montana Department of Labor & Industry has released several FAQs clarifying Montana House Bill 702 . The law, which went into effect on May 7, 2021, prohibits employers from mandating the current COVID-19 vaccines1 and recognizes an individual’s vaccination status as a protected category under t

Colorado - General

Denver Mandates That All Public-Sector and Certain Private-Sector Employees Be Vaccinated for COVID-19

Littler·

On August 2, 2021, Denver, Colorado Mayor Michael B. Hancock announced that all city employees, as well as private-sector workers in certain “high-risk” settings, must be fully vaccinated against COVID-19 by September 30, 2021. After September 30, unvaccinated individuals covered by this mandate wil

Minnesota - General

Duluth, Minnesota Adds Permitted Uses, Notice, Enforcement to Sick and Safe Time Ordinance

Jackson Lewis P.C.·

Employers covered by the Duluth, Minnesota Sick and Safe Time ordinance will need to revisit relevant policies in light of amendments that will become effective August 19, 2021.

Louisiana - General

Louisiana Enacts New Pregnancy Accommodation Law

Jones Walker LLP·

Starting this month, Louisiana employers with 25 or more employees are required to accommodate pregnant employees and applicants in ways not required under federal law or previous state law.

New York - General

New York’s Westchester County Amends Co-Op Disclosure Law to Promote Transparency

Jackson Lewis P.C.·

Westchester County in New York has amended its Co-op Disclosure Law as part of its ongoing efforts to address and eliminate alleged discrimination in cooperative housing purchases.

California - General

California Supreme Court Holds Failure to Promote Claims Accrue With Employee’s ‘Knowledge’ of Denied Promotion

Ogletree Deakins·

If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role?

Louisiana - General

Louisiana Governor Reinstates Statewide Mask Mandate Effective August 4, 2021, Following New Orleans Mask Mandate

Ogletree Deakins·

On August 2, 2021, Louisiana Governor John Bel Edwards issued Proclamation Number 137 JBE 2021, reinstating a statewide mask mandate that requires all individuals, regardless of vaccination status, to wear masks “when indoors, in any place outside of a private residence.”

North Carolina - General

North Carolina Modifies Requirements Governing Pay Notice and Final Wages for Separated Employees

Ogletree Deakins·

On July 8, 2021, North Carolina Governor Roy Cooper signed Senate Bill (SB) 208, An Act Making Various Changes to the Labor Laws of North Carolina, which includes changes to the pay notice provisions for employees and payment of final wages to separated employees. The amendments to the North Carolin

Alabama

Alabama Attorney General Issues Public Notice Summarizing State Law on Vaccine Requirements

Ogletree Deakins·

On May 24, 2021, Alabama Governor Kay Ivey signed into law Senate Bill 267 (Act No. 2021-493), a measure prohibiting state entities and private businesses from requiring individuals to show proof of vaccination in order to receive goods or services. Following “an increase in legal questions related

California - Wage & Hour

California Supreme Court Requires Employers to Pay Meal and Rest Period Premiums at the Regular Rate of Pay

FordHarrison·

On July 15, 2021, the California Supreme Court held in Jessica Ferra v. Loews Hollywood Hotel, LLC that Labor Code Section 226.7 requires employers to pay meal and rest period premiums for each workday in which they were not provided a meal or rest period at a rate equivalent to the employee’s regul

New York - General

DOJ Issues Guidance on “Long COVID” and New York Issues Further Update on HERO Act

Goldberg Segalla·

The Americans with Disabilities Act (ADA) has recognized the ongoing challenges of long-lasting effects from COVID-19 and the devastating and disproportionate impact on people with disabilities.

Texas

Texas Governor Abbott Signs New Order Aimed at Bringing Uniformity to the State’s COVID-19 Response

Littler·

On July 29, 2021, Governor Greg Abbott issued Executive Order GA-38 , combining several existing COVID-19 executive orders for the stated purpose of promoting statewide uniformity and certainty in the state's COVID-19 response.

California - General

California Mid-Year Legislative Update: Family Leave, Sick Pay, and Work Quotas

Ogletree Deakins·

The pandemic continues to loom large over the California legislature this year, as indicated by the bills advancing through the legislative process. Below is a summary of the major employment law bills that are working their way through the state Assembly and Senate. The bills pertain to the expansi

Minnesota - General

Duluth, Minnesota Amends Paid Sick and Safe Leave Ordinance

Littler·

The mayor of Duluth, Minnesota recently signed File # 21-023-O , which, effective August 19, 2021, broadens covered uses of leave under the Earned Sick and Safe Time (ESST) Ordinance, and amends employer notice and enforcement provisions. When the amendments take effect:

Maine

Maine Limits Employers from Requesting Criminal History of Applicants Pre-Offer

Jackson Lewis P.C.·

Maine’s new “ An Act Relating to Fair Chance in Employment ” prohibits employers from requesting an applicant’s criminal history on their initial employment applications. An employer may ask about an applicant’s criminal history during an interview or once the applicant has been determined qualified

New York - General

Housing Bias: New York Crackdown on Steering, Source of Income Discrimination; Best Practices

Jackson Lewis P.C.·

In the wake of a 2019 Newsday investigation into alleged discriminatory housing practices of suspected racial steering, there has been a pronounced focus on ways to curb potentially discriminatory housing practices across New York.

Puerto Rico

Employers in Puerto Rico Must Implement Workplace Harassment Protocol by August 2

Jackson Lewis P.C.·

The Puerto Rico Department of Labor issued guidelines and a sample protocol early in 2021 for employers on Puerto Rico’s prohibition against workplace bullying, Act 90-2020. Employers have until August 2, 2021, to adopt, implement, and notify their workforce of the required protocol to manage workpl

Puerto Rico

Registered and Authorized Medical Cannabis Patients in Puerto Rico Gain Employment Protections

Jackson Lewis P.C.·

Registered and authorized patients of medical cannabis in Puerto Rico are considered a protected category for purposes of all employment laws under an amendment to the “Act to Manage the Study, Development and Investigation of Cannabis for Innovation, Applicable Norms and Limitations” signed by Gove

South Carolina - General

South Carolina Abolishes “Special Damages” Element for Civil Conspiracy Claims, Overruling Decades of Precedent

Maynard Nexsen·

In a lawsuit by a terminated employee claiming former supervisors conspired to target her with negative performance reviews which ultimately resulted in dismissal, the employee now has an easier path to recovery following a recent South Carolina Supreme Court decision.

Rhode Island

Rhode Island Amends Pay Equity Law, Bans Salary History Inquiries, and Requires Pay Scale Disclosures

Ogletree Deakins·

Rhode Island Governor Daniel McKee signed pay equity legislation (H 5261A, S 0270A) that will go into effect on January 1, 2023. The new legislation amends Rhode Island’s existing pay equity law and contains the following key provisions.