State Employment Law Articles

On July 24, 2019, South Carolina joined the ranks of Alabama, Pennsylvania, and others in abolishing future recognition of common law marriages in the state. The state will continue to recognize all common law marriages in effect before this date, but they will be subject to a higher standard of pro

Continuing the recent deluge of salary history ban laws,1 on July 25, 2019, New Jersey Lieutenant Governor Sheila Oliver signed Bill A1094 into law.2 Like other recent laws limiting salary history inquiries, New Jersey’s law prohibits employers from screening job applicants based on the applicant’s

Even though it is less than 10 days before paid sick and safe time (PSST) ordinances in Dallas and San Antonio are/were scheduled to take effect, developments regarding the status of these ordinances are changing daily. These fast-paced changes have rendered the laws moving targets, and have left bu

Whether California’s recently adopted “ABC” test, used in the employee-versus-independent contractor analysis in cases involving California’s wage orders, must be applied retroactively should be decided by the California Supreme Court, a panel of the U.S. Court of Appeals for the Ninth Circuit has d

The Chicago City Council has passed the Chicago Fair Workweek Ordinance, which requires large employers to provide workers with at least two weeks’ advance notice of their work schedules and compensate workers for last-minute changes.

In the most expansive predictive scheduling law in the country to date, Chicago City officials passed the “Fair Workweek Ordinance” on July 24, 2019, and Mayor Lori Lightfoot has indicated she would quickly sign the Ordinance. The Ordinance provides extensive protection for certain employees with re

The Chicago City Council approved the “Chicago Fair Workweek Ordinance” on July 24, 2019. The Ordinance goes into effect on July 1, 2020. The Ordinance will require employers covered by the Ordinance to provide advanced notice of work schedules to their covered employees, and to pay additional wages

The Nevada Legislature had a busy 80th session in 2019, enacting a vast array of new laws affecting employers. Some highlights of this year’s session are new Nevada laws expanding remedies available for employment discrimination claims, expanding mandatory occupational safety training to employees i

New York has enacted the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) to amend the state’s data breach notification law to impose more expansive data security and data breach notification requirements on companies. The move aims to ensure New York residents are better protected a

On Thursday, New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), sponsored by Senator Kevin Thomas and Assemblymember Michael DenDekker. The SHIELD Act, which amends the State’s current data breach notification law, imposes more expans

On July 24, 2019, New York Governor Andrew Cuomo signed legislation creating a statewide panel to study the impact of automation, artificial intelligence (AI), and robotics on New York. The 13-member panel, to be known as the New York State Artificial Intelligence, Robotics and Automation Commission

In response to the lawsuit filed against the City of San Antonio regarding its paid sick leave ordinance, the City of San Antonio has agreed to postpone implementation of the ordinance until December 1, 2019. A Bexar County judge signed the agreed order on July 24, 2019. Accordingly, employers with

Employers in the Golden State are well aware that last year in Dynamex v. Superior Court the California Supreme Court adopted the ABC test for determining whether workers are employees or independent contractors. In the most recent development in the Dynamex saga, the court will now decide whether t

They say everything is bigger in Texas and the controversy surrounding paid sick leave is no exception. With less than two weeks before the effective date of two paid sick leave laws in Texas, here is a quick scorecard on where these laws stand:

In case you missed them, there have been some recent developments impacting EEO policies and practices and wage and hour practices. This post summarizes some notable developments.

Beginning on July 1, 2020, California will extend the maximum duration of Paid Family Leave (PFL) benefits from six weeks to eight weeks. Individuals may receive benefits from California’s state disability insurance (SDI) program:

In May of this year, the Ninth Circuit issued a significant opinion in Vazquez v. Jan-Pro Franchising Int’l, holding that the California Supreme Court’s 2018 decision in Dynamex Operations West v. Superior Court applies retroactively. In Dynamex, of course, the California high Court created a brand

Beginning January 1, 2020, employers in Virginia must provide paystubs to employees on “each regular pay date.”

In an important step for California, Governor Gavin Newsom signed SB 188 into law on July 3, 2019. SB 188 or also known as, the CROWN ACT, “Create a Respectful and Open Workplace for Natural Hair,” clarifies the definition of race for the workplace and educational institutions to include, but not li

The New Jersey “Task Force on Employee Misclassification” has released its report on misclassification, offering 10 recommendations.