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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Washington State - General

Washington Becomes Second State to Issue Emergency Heat Standard

Littler·

On July 9, 2021, Washington’s Department of Labor & Industries filed an emergency rule to increase protection for employees exposed to extreme heat at work. This includes employees working in agriculture, construction, and other outdoor industries. The new regulations took effect on July 13, 2021.

Tennessee - General

Federal Judge Blocks Enforcement of Tennessee’s Bathroom Signage Law

Ogletree Deakins·

On July 9, 2021, a federal district court in Nashville, Tennessee, granted a preliminary injunction, halting enforcement of a new Tennessee law on bathroom signage. That law mandates that businesses post specific signs next to their public bathrooms, if they allow people to use the bathroom that con

Virginia

While We Were Social Distancing … Heading Back to the Office in a New Virginia

Jackson Lewis P.C.·

In Virginia, returning — or planning to return — to the physical workplace following the COVID-19 pandemic means ensuring employment practices comply with the Commonwealth’s significantly changing legal landscape.

Connecticut - General

Connecticut Places New Recall and Retention Obligations on Certain Hotels, Lodging Houses, Food Service Contractors, and Building Services Enterprises

Littler·

On July 13, 2021, Connecticut Governor Ned Lamont signed into law Substitute Senate Bill No.

New York - General

NY DOL Publishes its Airborne Infectious Disease Exposure Prevention Plan in Accordance With the NY HERO Act

Littler·

As we previously reported , in an effort to prevent occupational exposure to an airborne infectious disease, the New York legislature on May 5, 2021 passed the New York Health and Essential Rights Act, or NY HERO Act, which amends the New York Labor Law (NYLL) by adding two new

Washington State - General

Washington Employers Can’t Relax After Reopening Under New COVID-19 Rules

Jackson Lewis P.C.·

While Washington state reopened on June 30 with the new Washington Ready plan, under which most industries have returned to normal capacity and operations, this reopening has loosened, but not eliminated, COVID-19 safety and masking requirements for employees and customers.

Connecticut - General

Connecticut Bans Inquiries into Job Applicants’ Age

Jackson Lewis P.C.·

Connecticut’s An Act Deterring Age Discrimination In Employment Applications prohibits Connecticut employers with at least three employees from inquiring into the age of prospective employees. The new law goes into effect on October 1, 2021.

California - General

CDF Webinar: Top 10 Employment Issues for California Employers Dealing with Remote Workers

CDF Labor Law LLP·

COVID-19 ushered in a new paradigm of remote working. Although some companies have already embraced a remote workforce or some semblance of one, this work model is new for many employers. Most employers are still grappling with a host of unique employer compliance obligations and concerns it brings

Oregon - General

Employment Highlights from Oregon’s Active 2021 Legislative Session

Littler·

June 2021 culminated in the elimination of COVID-19 restrictions in Oregon and significant changes to the state’s employment laws during the 2021 legislative session. On June 25, 2021, Governor Kate Brown issued Executive Order 21-15 rescinding all remaining COVID-19 restrictions, allowing businesse

New Jersey - General

Tightening the Vise: N.J. Further Expands Power to Thwart Employee Misclassification

Littler·

On July 8, 2021, N.J. Governor Phil Murphy signed a package of bills expanding the power of the Department of Labor and Workforce Development (DOLWD) to enforce state wage, benefit and tax laws, and enhancing penalties for employers that misclassify workers as independent contractors. Commenting on

New Jersey - General

New Jersey Eases COVID-19 Restrictions for Private Indoor Workplaces

Ogletree Deakins·

New Jersey Governor Phil Murphy signed legislation (A5820/S3866) and Executive Order (EO) No. 244 on June 4, 2021, ending the COVID-19 Public Health Emergency (but not the overall state of emergency) first declared on March 9, 2020, in EO 103.

Pennsylvania - Wage & Hour

Pennsylvania Repeals Rule Increasing Salary Threshold for White Collar Exemption and Restores State Law Exemptions to 1968 FLSA Standards

Littler·

As a result of a compromise reached during recent budget negotiations, Pennsylvania repealed an administrative rule that would have substantially increased the salary threshold needed to qualify as an exempt executive, administrative and professional (EAP) employee under the Pennsylvania Minimum Wag

Oregon - General

Oregon OSHA Issues Temporary Heat Standard

Littler·

On July 8, 2021, Oregon’s Occupational Safety and Health Administration (Oregon OSHA) adopted emergency Heat Illness Prevention rules to establish workplace heat safety requirements that apply when temperatures in a work area reach or exceed 80 degrees Fahrenheit. The rules are effective immediately

New York - General

New York Issues Standard on Airborne Infectious Disease Exposure Prevention Plans in Wake of HERO Act

Jackson Lewis P.C.·

After the May passage of the New York Health and Essential Rights Act (HERO Act), and June amendments , the New York State Department of Labor (DOL) has issued guidance including the model general standard and model airborne infectious disease prevention plans relevant to specific industries on its

Maine

Maine’s Highest Court Finds Portland Hazard Pay Ordinance Constitutional, But Not Effective Until 2022

Littler·

Employers in Portland, Maine received long-awaited clarity Tuesday regarding a November 2020 voter referendum raising the city’s minimum wage and instituting hazard pay during states of emergency such as the COVID-19 pandemic. On July 6, 2021, the Maine Supreme Judicial Court unanimously ruled in Po

New York - General

New York HERO Act: Exposure Prevention Standard and Model Plans Are Here

Ogletree Deakins·

On May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which “mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic.”

Michigan

Michigan Supreme Court Pushes Back Effective Date for Personal Identifying Information Restrictions on Court Records

Ogletree Deakins·

In May 2019, the Michigan Supreme Court issued rules that when implemented generally would prohibit Michigan courts from releasing personal identifying information (PII), such as birthdates, on court records. The rules were set to go into effect on July 1, 2021. Because consumer reporting agencies (

Washington State - General

Employers Must Collect Employee Premiums under the New “Washington Cares” Program Starting 1/1/2022; Employee Window to Obtain Alternate Coverage Closes on 11/1/2021

Littler·

On April 21, 2021, Governor Jay Inslee signed into effect the Long-Term Services and Supports (LTSS) Trust Act, now called the “WA Cares Fund” (or “Fund”), making Washington the first state in the country to adopt a mandatory, public, state-run long-term care insurance program for workers. Below are

Colorado - General

As Colorado and Virginia Follow California’s Lead in Enacting Data Privacy Laws, Employers Must Start Planning to Address an Inevitable Trend

Littler·

With the enactment of the Colorado Privacy Act on July 7, 2021, Colorado now joins Virginia1 in transforming the first major state privacy law, the California Consumer Privacy Act (CCPA), from an outlier into what now appears to be the beginning of an inevitable trend.