State Employment Law Articles

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

Massachusetts will reopen some outdoor Phase 4, Step 2 industries effective May 10, 2021, and put plans in place for further reopenings on May 29 and August 1, Governor Charlie Baker has announced . The City of Boston will delay most of these reopenings by three weeks.

By: Class Certification Still Defeated Although Common Evidence of Non-Compliance California employers may take solace in a recent unpublished decision upholding denial of class certification. In Salazar v. See’s Candy Shops Incorporated, the California Court of Appeal upheld the trial court’s decis

Several California Cities have adopted Right to Recall Laws: Long Beach Los Angeles City County of Los Angeles

On April 28, 2021, Gov. Henry McMaster signed South Carolina’s COVID-19 Liability Immunity Act into law. The state’s employers will now have a defense that they are immune from liability if an employee claims s/he contracted COVID-19 at work.

In an effort to prevent the occupational exposure to an airborne infectious disease, the New York legislature has passed the aptly named New York Health and Essential Rights Act, or NY HERO Act, which amends the New York Labor Law (NYLL) by adding two new sections.1 This bill has been

On April 19, 2021, Connecticut Governor Ned Lamont announced plans to roll back COVID-19-related restrictions on businesses—although certain mask requirements may remain in effect. The governor intends to lift the restrictions in stages commencing May 1, 2021, through May 19, 2021.

The “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) is expected to reach Governor Henry McMaster’s desk early this week for his signature. Senate sponsors initially introduced the act on December 9, 2020, and it received final approval in the House of Representatives on April 23,

In Sargent v. Board of Trustees of the California State University , the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity employer based on statutes that themselves provide for civil penalties and PAG

On April 21, 2021, the City of Chicago enacted the Vaccine Anti-Retaliation Ordinance that provides all workers in Chicago with rights to obtain COVID-19 vaccinations during their work hours and imposes significant penalties for employer violations. The Ordinance is effective immediately, applies to

The Philadelphia Protection of Displaced Contract Workers Ordinance offers job protections to workers providing security, janitorial, building maintenance, food and beverage, hotel service, or health care services who are employed by service contractors, and are displaced when the service contract i

The California Court of Appeal, Brown v. Los Angeles Unified School District , recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment and Housing

All Chicago workers, whether employees or independent contractors, have been granted additional legal protections under a new ordinance that makes it easier for them to receive the COVID-19 vaccine.

On April 21, 2021, the Chicago City Council passed an ordinance , effective immediately, prohibiting adverse action against all Chicago workers—including independent contractors—who take time off from work to receive a COVID-19 vaccine. The ordinance also prohibits employers from requiring that a wo

On April 9, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee may be liable to his or her employer under the Commonwealth’s unfair and deceptive trade practices statute—which authorizes an award of double or treble damages for willful violations, as well as costs and attorn

On May 7, 2021, the Connecticut Supreme Court will hear oral argument in the case of Commission on Human Rights & Opportunities (CHRO) v. Edge Fitness, LLC, et al. , SC 20538 (Conn.). The case presents an issue of first impression and arises out of the State of Connecticut’s claim

On April 16, 2021, California Governor Gavin Newsom signed Senate Bill No. 93 (SB 93) – a “rehiring and retention” law. SB 93 creates new Labor Code section 2810.8, which requires certain hospitality businesses to rehire workers who have been laid off due to the COVID-19 pandemic prior to hiring new

On April 7, 2021, New Mexico Governor Michelle Lujan Grisham signed House Bill 20, enacting the Healthy Workplaces Act (HWA), which will require private employers in New Mexico with at least one employee to provide paid sick leave to employees. The new law becomes effective on July 1, 2022.

By: Right To Recall For Certain California COVID-Impacted Hospitality and Building Services Workers Signed Into Law On April 16, 2021, Governor Newsom signed into law Senate Bill 93 , which granted the right to recall for certain California hospitality and business services workers whose employment

On April 9, 2021, President Biden announced that he intends to nominate Douglas L. Parker to lead the Occupational Safety and Health Administration. Mr. Parker is currently the chief of California’s Division of Occupational Safety and Health, commonly known as Cal/OSHA, a position he has held since