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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New Jersey - General

New Jersey Governor Proposes Bill to Strengthen Discrimination and Harassment Law

Jackson Lewis P.C.·

Following New Jersey Governor Phil Murphy’s announcement to overhaul New Jersey’s workplace culture at his State of the State address, the Governor proposed amendments to the New Jersey Law Against Discrimination (NJLAD) that would increase protections from harassment and discrimination in the workp

New York - Workers' Compensation

Giving 110 Percent: Apportionment in Classification Claims

Goldberg Segalla·

Workers’ Compensation Law (WCL) Section 15 outlines the schedules of compensation payable to the claimant upon a determination that the claimant is disabled—permanent total, temporary total, permanent partial, and temporary partial. Specifically, WCL Section 15(3)(w) pertains to claims of permanent

Colorado - General

Littler Lightbulb: What’s New in Colorado?

Littler·

Colorado has been making headlines with several noteworthy new laws and regulations. This Lightbulb will highlight key recently enacted and pending employment legislation in the Centennial State. The Littler Denver office will be carefully monitoring these issues and other state and local developmen

New Jersey - General

Requirements of New Jersey Expanded WARN Act

Jackson Lewis P.C.·

On January 21, 2020, New Jersey Governor Phil Murphy signed into law an amendment to the Millville-Dallas Airmotive Plant Job Loss Notification Act to mandate 90 days’ advance notice of a defined mass layoff, transfer of operations, or termination of operations (for companies with at least 100 emplo

Kentucky

Kentucky Considers Amendments to Injury Reporting Requirements

Jackson Lewis P.C.·

On February 12, 2020, Kentucky’s Labor Cabinet’s Department of Workplace Standards has proposed an amendment to its regulation on employer’s obligations to report workplace injury and illnesses.

California - General

Requests to Know under the CCPA: Practical Compliance Tips

Jackson Lewis P.C.·

The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun.

New York - General

New York’s Farm Wage Board Begins Meetings on Overtime Threshold for Agricultural Laborers

Jackson Lewis P.C.·

New York’s Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020, drastically altering the employment relationship between agricultural employees and their employers. Until now, workplace protections for farm laborers lagged far behind those in other industries.

New Jersey - Workers' Compensation

Using the Labor Market Attachment Defense to Your Advantage During a LWEC Trial

Goldberg Segalla·

Under Workers’ Compensation Law Section 15(3), if a claimant has a permanent impairment to a non-schedule site, then the claimant is compensated for his or her actual loss of wage earning capacity (LWEC) caused by the disability. This stage in workers’ compensation litigation is known as classificat

California - General

Is “Cannabis User” the Next Protected Class in California?

Jackson Lewis P.C.·

Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity.

New Jersey - General

New Jersey Labor Department Issues Companies Stop-Work Orders for Wage Violations

Jackson Lewis P.C.·

The New Jersey Department of Labor and Workforce Development (NJDLWD) has announced it has issued two stop-work orders related to alleged violations of state wage laws.

Puerto Rico

Puerto Rico Treasury Department Issues Post-Earthquake Rules for Qualified Retirement Plan and IRA Distributions and Loans

Littler·

On February 20, 2020, the Puerto Rico Treasury Department (PR Treasury) issued Internal Revenue Circular Letter Number 20-09 (CC RI 20-09) to provide special rules and procedures applicable to distributions from qualified retirement plans and individual retirement accounts (IRAs) following the recen

Puerto Rico

Puerto Rico Department of Treasury Grants Tax Exemptions for Employer-Provided Payments and Certain Benefits to Employees and Independent Contractors Related to the Recent Earthquakes

Littler·

On February 20, 2020, the Puerto Rico Treasury Department (PR Treasury) issued Internal Revenue Circular Letter No. 20-08 (CC RI 20-08) granting employers temporary income tax exemptions over payments and certain benefits made to their employees and/or independent contractors for relief due to the r

California - General

Panic Buttons Mandated for Sacramento Hotels

Jackson Lewis P.C.·

As the #metoo movement strengthened in 2018, the State of California worked quickly to enact legislation requiring harassment prevention training, not just for supervisors, but for all employees. At the same time, California attempted to address the unique issues facing hotel workers, particularly h

California - General

California Appeals Preliminary Injunction Against State Ban on Employment Arbitration Agreements

Jackson Lewis P.C.·

The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from enforcing Assembly Bill 51 (AB 51) against employment arbitration agreements governed by the Federal Arbitration Act (FAA).

New York - General

New York Adopts New Data Security and Privacy Regulations for Schools and Their Vendors

Jackson Lewis P.C.·

We observed in a post on this blog that government agencies, businesses, hospitals, universities and school districts are frequent targets of data breaches that can affect millions of individuals. Cyberattacks on school districts continue to appear in the news. In January, students in the Pittsburg

Pennsylvania - General

When Hiring For Jobs Located In Philadelphia, Salary History Will Soon Be Off Limits Unless Voluntarily and Willingly Disclosed

Littler·

The United States Court of Appeal for the Third Circuit has issued its decision upholding the Philadelphia Wage Equity Ordinance, one of the so-called “salary history ban” laws.1 Now that the Third Circuit has issued its decision, employers that have not already done so must begin to prepare for com

New York - Workers' Compensation

Obtaining and Maintaining Proper Working Papers – It’s No Minor Task

Goldberg Segalla·

Prior to hiring a minor (an employee who is under the age of 18), an employer has an obligation to obtain the minor’s employment certificate or permit issued in accordance with the education law (commonly referred to as “working papers”). Prior to the minor starting work, the employer must file

California - General

Recent Changes to the California Consumer Privacy Act (CCPA) May Require Employers to Revisit Their Privacy Notice as It Relates to Employees

FordHarrison·

Introduction: The California Consumer Privacy Act (CCPA), which took effect earlier this year, has left many employers in the Golden State scrambling to comply with privacy regulations concerning the collection and use of personal data relating to consumers. On February 10, 2020, the California Atto

California - General

Love is in the Air – But Should it Be?

Jackson Lewis P.C.·

February is the month where romance blossoms – which means it is a great time for employers to review their policies regarding employee fraternization and intracompany relationships.

New Jersey - General

New Jersey Department of Labor Reschedules Hearing on Proposed Regulations Regarding Tipped Employees

Jackson Lewis P.C.·

The New Jersey Department of Labor and Workforce Development rescheduled the hearing on proposed regulations regarding tipped employees to Friday, February 21, 2020 from the previously scheduled February 26, 2020 date. Further information on the content of the proposed regulations can be found here.