State Employment Law Articles

NOTE: Because the COVID-19 situation is dynamic, with new governmental measures each day, employers should consult with counsel for the latest developments and updated guidance on this topic.

Executive Summary: Over the past few days, Connecticut Governor Ned Lamont has issued Executive Orders 7V, 7W and 7X, the latest in a series of Executive Orders directed toward the COVID-19 pandemic.

On April 7, 2020, the governor of Connecticut issued Executive Order No. 7V (“EO 7V”) which, among other things, requires every workplace in the state to take additional protective measures to reduce the risk of transmission of COVID-19 between and among employees, customers, and other people author

In Jinks v. Credico (USA) LLC (March 31, 2020), Judge Kenneth Salinger in the Business Litigation Session of the Massachusetts Superior Court provided guidance on two important wage and hour issues. First, the court concluded that the “right-to-control” test was the appropriate method for determinin

On Thursday, April 9, 2020, Massachusetts Governor Charlie Baker’s administration announced the partial implementation of unemployment benefits in accordance with the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

The current circumstances surrounding the COVID-19 crisis have brought paid family and medical leave to the forefront of the national consciousness. While the federal government and other states have created new, immediately effective, paid family and medical leave laws, Massachusetts has remained c

New Jersey Governor Phil Murphy has signed Executive Order 122 (EO 122), suspending all non-essential construction projects effective April 10, 2020, at 8:00 p.m.

On April 7, 2020, the San Jose, California City Council adopted two essentially identical ordinances that require covered employers to provide emergency paid sick leave. The first item is an emergency ordinance that takes effect immediately, whereas the second item is a regular ordinance for which a

On March 31, 2020, Texas Governor Greg Abbott issued Executive Order No. GA-14 relating to statewide continuity of essential services and activities during the COVID-19 crisis. “Essential services” is defined as everything listed by the U.S. Department of Homeland Security in its Guidance on the Ess

Things have been pretty chaotic and confusing for employers and employees during the COVID-19 public health emergency. Unfortunately, in an effort to help, the City of Los Angeles has unintentionally increased both. This is the story of how mandatory supplemental paid sick leave (SPSL) came to exist

The California Division of Occupational Safety and Health, better known as Cal/OSHA, recently issued safety and health guidance for agricultural employers to help prevent the spread of COVID-19 in the workplace. California employers are required to establish and implement an Injury and Illness Preve

On April 7, 2020, the San Francisco Board of Supervisors adopted an emergency ordinance (the "PHELO") that requires private employers with 500 or more employees to provide paid public health emergency leave during the COVID-19 public health emergency (“PHE”). This ordinance is one of a number of sit

As the COVID-19 crisis continues, and in light of changing guidance from the U.S. Centers for Disease Control and Prevention (CDC), numerous jurisdictions across the country have issued new guidelines for employers and the general public concerning the use of face masks or other face coverings while

On April 8, 2020, Minnesota State Governor Tim Walz issued Emergency Executive Order 20-33 Extending Stay at Home Order and Temporary Closure of Bars, Restaurants, and Other Places of Public Accommodation.

Private construction projects in New York will become subject to new prevailing wage requirements pursuant to legislation signed by Governor Andrew Cuomo on April 3, 2020. The provisions take effect in January 2022.

South Carolina Governor Henry McMaster has issued Executive Order No. 2020-22, which allows employers to make voluntary “COVID-19 Support Payments” to employees who are placed on furlough because of the COVID-19 pandemic without those Support Payments affecting employees’ eligibility for unemploymen

While the Occupational Safety and Health Administration (OSHA) and some states have offered guidance to prevent employee exposure to COVID-19, Los Angeles and New York City are enforcing more restrictive measures for construction sites.

Executive Summary: On April 7, 2020, the City of Los Angeles implemented three executive orders that directly impact employers: (1) the Supplemental Paid Sick Leave Due to COVID-19 (providing 80 hours of paid sick leave to certain employees); (2) the Worker Protection Order (requiring face coverings

Connecticut Governor Ned Lamont and the Connecticut Department of Economic and Community Development (DECD) have issued new “legally binding” rules for employers deemed “essential” during the COVID-19 pandemic.

On April 7, 2020, the D.C. Council unanimously passed its second emergency COVID-19 relief bill, the COVID-19 Response Supplemental Emergency Amendment Act of 2020 (Emergency Act), addressing a variety of programs and protections for residents.1 Significant for employers, the Emergency Act expands t