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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California - General

Worker Misclassification Questions Dominate California Legal Landscape

Littler·

In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions about the law’s application, scope, and future continue to dominate California

New York - General

Westchester County, NY Publishes Paid Safe Leave Guidance as Law Takes Effect

Littler·

The Westchester County Human Rights Commission, the agency responsible for conducting public outreach for the Westchester County Safe Time Leave Law, published a host of information, including a copy of the law, a Notice of Employee Rights (the “Notice”), Frequently Asked Questions (“FAQs”), and the

New York - General

Westchester Safe Time Leave Has Arrived

Jackson Lewis P.C.·

The Westchester County Safe Time Leave Law takes effect today October 30, 2019. Starting on January 28, 2020, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to explain how the law applies to them.

California - General

Restructuring Operations in the Wake of California AB 5? Don’t Overlook the Tax Implications

Littler·

Businesses with operations in California have begun to identify options and implement strategies for compliance with Assembly Bill (AB) 5, which imposes the ABC test for identifying whether a worker is an independent contractor or an employee for not only employment law purposes, but also for state

New Jersey - General

New Jersey Is About to Take Another Step Towards Eliminating the Use of Independent Contractors by Providing Them with Benefits

FordHarrison·

Executive Summary: The New Jersey Legislature appears poised to pass S67, the Portable Benefits Act for Independent Contractors, in the upcoming lame-duck session. If passed, the Governor is expected to sign the bill before the end of the year. The bill doubles down the current administration’s effo

Illinois - General

Illinois Continues to Increasingly Regulate AI in the Workplace

Jackson Lewis P.C.·

Illinois continues to adopt additional privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric information, and also the Personal Information Protection Act, considered o

Illinois - General

Illinois Leads the Way on AI Regulation in the Workplace

Jackson Lewis P.C.·

Illinois continues to lead the way in privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric information, and also the Personal Information Protection Act, considered on

Oklahoma

Oklahoma Court Holds That Positive Marijuana Drug Test Did Not Prove That Marijuana Caused Accident

Jackson Lewis P.C.·

An Oklahoma state court held that a positive post-accident drug test for marijuana did not prove that marijuana use caused the accident, and therefore the claimant was eligible for workers’ compensation benefits. Rose v. Berry Plastics Corp. et al., 2019 OK Civ. App. 55 (Ok. Civ. Ct. App. Oct. 16, 2

Florida - Wage And Hour

Florida’s Minimum Wage Rate Increases January 1, 2020

FordHarrison·

Effective January 1, 2020, Florida’s minimum wage rate will increase from $8.46 per hour to $8.56 per hour. The increase is calculated by the Florida Department of Economic Opportunity and is based on the percentage increase in the Consumer Price Index for the South Region. Florida’s minimum wage la

California - General

California Imposes New Flexible Spending Account Notice Requirement On Employers

Jackson Lewis P.C.·

Beginning with plan years that end in 2020 California employers maintaining flexible spending accounts, or “FSAs,” will be required by a new amendment to the state’s Labor Code, enacted August 30, 2019, to notify the employee participants of any “deadline to withdraw funds before the end of the plan

California - General

You’re Rehired? New California Law Prohibits No-Rehire Provisions in Settlement Agreements

Littler·

Upending the longstanding practice of employers including no-rehire clauses in agreements resolving employment disputes, California Governor Gavin Newsom has signed a new law that will prohibit such provisions in employment settlement agreements. Assembly Bill 749 (AB 749) is another #MeToo-inspired

Florida - Wage And Hour

Florida's Minimum Wage Rate Increases January 1, 2020

FordHarrison·

Effective January 1, 2020, Florida's minimum wage rate will increase from $8.46 per hour to $8.56 per hour. The increase is calculated by the Florida Department of Economic Opportunity and is based on the percentage increase in the Consumer Price Index for the South Region.

Pennsylvania - General

New Pennsylvania Law Requires Construction Employers to Use E-Verify

Jackson Lewis P.C.·

Beginning in October 2020, employers in the construction industry in Pennsylvania will be required to use E-Verify, the federal government’s web-based program that allows employers to verify an employee’s work-authorization electronically.

Texas

San Antonio Approves New Paid Sick Leave Ordinance Effective December 1, 2019

FordHarrison·

Executive Summary: As we have mentioned in our previous Legal Alert, the effective date of San Antonio’s paid sick leave ordinance was delayed until December 1, 2019, by agreement after a lawsuit was filed against the city. At the time, the city indicated that one of the reasons for this agreed dela

California - General

Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences

Jackson Lewis P.C.·

California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020.

California - General

California Updates its Data Breach Notification Law

Jackson Lewis P.C.·

On February 21, 2019, California Attorney General Xavier Becerra and Assemblymember Marc Levine (D-San Rafael) announced Assembly Bill 1130 which intended to strengthen and expand California’s existing data breach notification law. On September 11, 2019, the bill passed both houses of the legislatur

Washington State - General

Airline Alert: U.S. District Court Rules in Favor of Airline Flight Crew Employees on Paid Sick Leave Challenge

FordHarrison·

Executive Summary: On October 11, 2019, a federal judge for the U.S. District Court for the Western District of Washington ruled that Washington state’s paid sick leave law does not violate the Constitution or federal preemption law, thereby guaranteeing sick leave benefits for airline flight crew e

California - General

California AB 51 Bans Mandatory Employment Arbitration Agreements

Littler·

On October 13, 2019, California Governor Gavin Newsom signed Assembly Bill (AB) 51 into law, banning most employment arbitration agreements in California starting January 1, 2020. This new law is expansive in scope but short on certainty, as it raises several questions and will likely face legal cha

Pennsylvania - Wage & Hour

Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

Littler·

In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA), and invited public comment. On

Puerto Rico

Littler Global Guide - Puerto Rico - Q3 2019

Littler·

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.