State Employment Law Articles

By: Pending California Bills Suggest Trend Towards Flexible Work Arrangements As local and state governments shift towards a full reopening of public and private work sectors, following an unprecedented year in which remote work became a strategy for dealing with a global pandemic, businesses are cu

On April 20, 2021, Alabama governor Kay Ivey signed into law a name, image, and likeness (NIL) bill, making Alabama the tenth state to enact such legislation.

On May 5, 2021, Cal/OSHA issued much-awaited FAQs which provide clarity on whether employers must continue to exclude fully vaccinated employees from the workplace if they were exposed to a confirmed positive COVID-19 case (at work or otherwise). Prior to this guidance, fully vaccinated employees in

The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in Celotex Corp. v. Catrett , 477 U.S. 317 (1986), Anderson v. Liberty Lobby, Inc., 4

Echoing his mantra of building back better, 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.

The federal Fair Labor Standards Act (FLSA) and some state wage laws contain provisions that impose criminal penalties on violators. These provisions, once rarely used, are taking on new life as government officials have begun leveraging them in recent criminal-enforcement actions.

The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). The Circuit Court determined that the California Trucking Association (“CTA”) is unlikely to succeed on the merits of its dist

South Carolina Governor Henry McMaster has signed the “ South Carolina COVID-19 Liability Immunity Act ” into law, providing legal immunity to certain businesses that reasonably adhere to public health guidance in effect at the time an applicable COVID-19-related claim arises.

Employers in New Jersey must comply with a number of state laws and regulations that often impose different or more stringent requirements on employers than those imposed by federal law. Attorneys in FordHarrison's Berkeley Heights, New Jersey, office have prepared the New Jersey Employment Law Desk

On May 3, 2021, the California Department of Public Health (CDPH) released updated public health recommendations advising that fully vaccinated non-healthcare workers can refrain from quarantining after a known workplace exposure to COVID-19, but only if they are asymptomatic.

On April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed into law on April 28, 2021. The new ordinance will take effect on January 1, 2022 and make Philadelphia the third jurisdiction in th

The Supreme Court of Pennsylvania recently held unenforceable a no-hire provision in a service contract between a logistics company and a trucking firm. In Pittsburgh Logistics Systems, Inc. v. Beemac Trucking LLC, et. al. , the court reasoned that the no-hire provision at issue was overly broad and

As expected, on April 28, 2021, Governor Henry McMaster signed the “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) into law. The act, which provides protection from “coronavirus claims” to a broad class of covered entities and covered individuals, went into effect immediately and

Since July 2020, Colorado has required that all employees wear a face covering while working indoors.1 However, Colorado Governor Jared Polis recently announced significant changes to the statewide mask order. Still, there are several considerations employers must make before permitting employees to

Florida Governor Ron DeSantis took two bold moves on Monday related to government oversight of COVID-19 emergency standards while declaring “we are no longer in a state of emergency.” The first, an extension of Executive Order 21-81 announcing certain prohibitions with respect to “vaccine passports,

On April 27, 2021, Illinois Governor J.B. Pritzker signed House Bill 158 (HB 158), which amends the Employee Sick Leave Act (ESLA)1 to cover leave for a family member’s “personal care.” The ESLA—Illinois’ statewide “kin care” law—has been in effect since January 1, 2017, and generally requires emplo

The Pennsylvania Supreme Court recently decided an issue of first impression regarding “no-hire” (or “no-poach”) provisions in commercial contracts between two companies. In such agreements, one company agrees not to solicit or hire the other’s employees for a certain period of time. The question in

Washington has adopted the nation’s first state-run long-term care (LTC) services and support trust program.

Executive Summary: For decades fitness facilities have been offering “women-only” sections, allowing women to exercise in private without self-image worries or unwanted male attention. But these sections are now in jeopardy as the Connecticut Commission on Human Rights & Opportunities (CHRO) brings

New York City Executive Order 64 (the “Order”) imposes new sexual harassment reporting requirements on organizations that contract with New York City agencies for “human services.” The order, which took effect on March 3, 2021, requires city agencies to amend existing contracts to impose these repor