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 - General

City of Pasadena Imposes Indoor Mask Requirement on Even Fully-Vaccinated Individuals

Ogletree Deakins·

On July 21, 2021, the City of Pasadena health officer issued an order titled, “Order for Wearing of Face Masks in Public Settings.” As did the Los Angeles County Department of Public Health’s (LACDPH) health order of the previous week, the City of Pasadena’s health order requires all individuals “ r

Colorado - General

Colorado’s Revised INFO #9 Stops the Presses … on Job Postings Requirements

Ogletree Deakins·

Employers covered by the Colorado Equal Pay for Equal Work Act, Part 2 (EPEWA) will now have to post wage and benefit information for all covered promotional opportunities and job openings (including remote jobs that can be performed anywhere), unless that work is specifically tied to a non-Colorado

North Carolina - General

N.C. and S.C. OSHA Agencies Take Different Approaches to Emergency COVID-19 Standard

Maynard Nexsen·

North Carolina and South Carolina enforce their own workplace safety and health plans. As “state plan states,” they are required to adopt regulations that are at least as effective as those adopted by the federal Occupational Safety and Health Administration (OSHA).

Texas

Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law

Ogletree Deakins·

Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the provisions of the TCHRA do not always exactly mirror the language of parall

Connecticut - HRO Law

Connecticut Allows Some Training Portability, Amends Law Barring Discriminatory Practices

Jackson Lewis P.C.·

In its 2021 Session, the Connecticut General Assembly amended the Connecticut Fair Employment Practices Act (CFEPA), which prohibits discriminatory practices, and other related laws on sexual harassment training and affirmative action plans, among others provisions.

California - General

Are California Employers Prepared To Navigate California’s Evolving Privacy Law Landscape?

CDF Labor Law LLP·

Colorado’s and Virginia’s emulation of California by recently enacting comprehensive privacy laws is an important reminder to California employers that the clock is ticking to comply with California’s new privacy regulations. California employers should be aware that the California Consumer Privacy

Oregon - General

Opening Pandora’s Box: Oregon Court of Appeals Holds That “Any Person” Can Be Held Liable Under Oregon’s Aiding and Abetting Statute

Littler·

On June 23, 2021, in Charlton v. Ed Staub and Sons Petroleum, Inc. and Quicksilver Contracting Company , the Oregon Court of Appeals reversed the dismissal of the plaintiff’s “aiding and abetting” discrimination and retaliation claim. Applying the Oregon Court of Appeals’ recent decision, Hernandez

Ohio

New Ohio Law Restricts Ability of Public Schools, Colleges to Mandate COVID-19 Vaccinations

Jackson Lewis P.C.·

Public schools and universities are barred from requiring vaccines that have not received full U.S. Food and Drug Administration (FDA) approval under Ohio House Bill 244 (HB 244), signed by Governor Mike DeWine on July 14, 2021. The new law goes into effect on October 13, 2021.

California - General

Los Angeles County and Other California Jurisdictions Walk Back Face Mask Orders

Littler·

It was just last month when the state of California announced the state’s reopening and what many hoped to be the end of pandemic life and various COVID-19-related restrictions. Most significant for many, face masks—which had become the symbol of COVID-19—were merely optional if one was fully vaccin

California - General

Los Angeles County Imposes Indoor Mask Requirement on Fully Vaccinated

Ogletree Deakins·

On Friday, July 16, 2021, the Los Angeles County Department of Public Health (LACDPH) issued a health order requiring all individuals regardless of vaccination status to wear face coverings in “[a]ll indoor public settings, venues, gatherings, and businesses.” The order’s list of locations in which

New York - General

New Enforcement Guidance Issued for New York City Fair Chance Act as Key Amendments Take Effect

Littler·

On July 15, 2021, the New York City Commission on Human Rights (the “NYCCHR” or “Commission”) issued its highly anticipated updated Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination . The 28-page Guidance clarifies and interprets key amendments to the New York City Fair

Connecticut - General

Connecticut Legalizes Recreational Marijuana, Will Allow Employers to Continue Prohibiting Recreational Marijuana Use

Littler·

Connecticut Governor Ned Lamont recently signed Senate Bill 1201, making Connecticut the 19th state to legalize recreational marijuana for adults 21 years or older. The new law not only requires expungement of certain existing marijuana convictions, but also creates employment protections for recrea

New Hampshire

New Hampshire Adopts Paid Leave Program

Jackson Lewis P.C.·

New Hampshire has joined eight states and the District of Columbia when, on June 24, 2021, the New Hampshire Legislature passed a two-year state budget that includes a paid leave program. Governor Chris Sununu signed the budget on June 25, 2021, and coverage must be provided by January 1, 2023.

California - Wage & Hour

CA Supreme Court Interprets Break Premium Pay Requirement To Give Employees Higher Pay

CDF Labor Law LLP·

In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court concluded that when an employer fails to provide an employee with a compliant rest or meal break, the employee is entitled to a premium payment of one hour of pay at the employee’s “regular rate of pay,” as opposed to an hour of pa

Oregon - General

Oregon OSHA Enacts Emergency Rules to Protect Workers From Extreme Heat

Ogletree Deakins·

On July 8, 2021, the Oregon Occupational Safety and Health Division (Oregon OSHA) adopted temporary rules to bolster worker protections from the hazards of high and extreme heat, including requirements to provide shade, drinking water, cool-down breaks, an effective emergency medical plan, and train

California - General

California Supreme Court’s Decision on Premium Payments for Meal, Rest, and Recovery Break Violations

Ogletree Deakins·

On July 15, 2021, the California Supreme Court issued a decision that will increase dramatically California employers’ potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC , the court unanimously held that employers must pay premium payments to emplo

California - Cal/OSHA

MASK ALERT to Employers In Los Angeles County – The Circus Continues

CDF Labor Law LLP·

By: MASK ALERT to Employers In Los Angeles County – The Circus Continues Los Angeles County Health Department announced that it will issue an order on July 16 requiring masks indoors regardless of a person’s vaccination status to be effective on July 17, 2021 at 11:59 p.m. This directive will

California - General

Los Angeles County Roller Coaster Mask Order Published

CDF Labor Law LLP·

By: Los Angeles County Roller Coaster Mask Order Published Late Friday afternoon, July 16, 2021, the LA County Health Department published its much-ballyhooed Order returning a mask requirement to most indoor settings. The order requires masks for all persons, regardless of vaccination status in “al

California - Wage & Hour

Pay Rest/Meal Premiums at the “Regular Rate”

Shaw Law Group, PC·

California employers should be familiar with Labor Code section 226.7, which requires the payment of a one-hour premium to non-exempt employees who do not receive compliant rest breaks and meal periods.

Iowa

Iowa Supreme Court Clarifies Requirements for Employee Drug Testing

Littler·

In two opinions filed on June 25, 2021, the Iowa Supreme Court clarified the state’s complex employee drug-testing requirements. The opinions shed light on key issues, such as safety-sensitive designations, notice requirements, and compliance standards under Iowa Code section 730.5. Employers with I