State Employment Law Articles

On April 16, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 93 into law. This new statute creates California Labor Code Section 2810.8 and requires that employers in certain industries make written job offers to employees whom they laid off because of COVID-19. Employees have five bu

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal records. With this development, New Mexico joins many other states that have legal

On April 16, 2021, California Governor Newsom signed Senate Bill 93, which is effective immediately. The new law requires certain employers to recall workers laid-off for reasons related to COVID-19 if and when positions become available.

The General Assembly returned to Raleigh this week following last week’s spring recess. The Senate bill filing deadline closed on April 6, resulting in a significant number of new bills. The House of Representative’s final filing deadline for non-budget-related bills is May 4, so we expect to see ad

On April 12, 2021, Michigan Governor Gretchen Whitmer announced that the Michigan Occupational Safety and Health Administration (MIOSHA) would extend the sunset date for the state’s COVID-19 emergency rules, which were set to expire on April 14, 2021, for six more months.

Just about a year ago, in the early weeks of the COVID-19 pandemic, economic activity in many sectors went from red hot to nearly frozen, seemingly overnight. The hospitality industry was particularly hard hit, as business and leisure travel evaporated. Many businesses were forced to lay off workers

Hospitality and event center workers received additional job rights protection under a new ordinance passed by the Minneapolis City Council. The new ordinance requires employers to recall those workers, if and when they are needed in reverse order of seniority. Ordinance No.2021-12, entitled “Hospit

Mandatory arbitration clauses for employment disputes have received a great deal of attention in recent years. In the First Circuit, there is now more clarity regarding the factors used to determine the enforceability of online arbitration agreements.

Although Ohio has not yet attained its goal of reducing COVID-19 cases to 50 cases per 100,000 people over a two-week period, the Director of the Ohio Department of Health has rescinded many of the prior orders designed to prevent the spread of COVID-19 . In their place, the director issued a new “

On April 13, 2020, the Centers for Disease Control and Prevention (CDC) and U.S. Food and Drug Administration (FDA) issued a Joint Statement on the Johnson and Johnson (J&J) COVID-19 Vaccine. The CDC and FDA are recommending a pause in the use of the J&J vaccine as the agencies investigate six repor

The California Labor Commissioner’s Office recently cited a southern California gymnastics club for $ 1.3 million for various wage and hour violations. The Labor Commissioner discovered the violations during a COVID-19 compliance inspection. In addition, OSHA recently announced its National Emphasis

On April 9, 2021, President Joe Biden announced his intent to nominate Douglas L. Parker to be assistant secretary of labor for the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA). Parker currently serves as chief of the California Division of Occupational Safet

On March 24, 2021, the California Department of Fair Employment and Housing (DFEH) announced a new interactive tool for obtaining tailored guidance on job-protected leave for pregnancy-related disability or to bond with a new child. The aptly-named “New-Parents Rights Advisor” is free and accessible

Availability of the Special Employee Defense Ladder safety requirements for employers Proper use of scaffolding on worksites Enumerated activity under § 240(1)

On April 8, 2021, New Mexico Governor Michelle Lujan Grisham signed into law House Bill 20 , the Healthy Workplaces Act (HWA). This law, effective July 1, 2022, will require all private employers to provide paid leave to employees that they can use for sick time, safe time, or other

Washington State Governor Jay Inslee has amended the High-Risk Employee Proclamation, making it easier for employers to seek medical verification from employees of whether they are high-risk for COVID-19 and what accommodations might allow them to return to work, as well as other changes. Governor I

Chris Mann, a partner in the Labor & Employment Practice Group, authored the article “ The Basics of Workers’ Compensation Fraud in Louisiana ” published in the Louisiana Associated General Contractor’s News to Build On newsletter. Chris highlights legal and practical impacts of workers' compensatio

Philadelphia has imposed significant new recall and retention obligations on hotel, airport hospitality, and event center businesses as they struggle to recover in this uncertain COVID-19 economy. The new obligations are contained in a legislative package, styled as the Black Workers Matter Economic

Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021. The legislation provides standards for determining who is an employee and who is an independent contractor under certain Wes

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined. This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and expansive readings of this arcane statute by the courts and agencies charged