State Employment Law Articles

The Massachusetts Department of Family and Medical Leave has released a new guide for employers on the Massachusetts Paid Family and Medical Leave Act (PFMLA), G.L. c. 175M. The guide clarifies some questions generated by draft regulations published in January. The guide, released on March 26, 2019,

New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13 hours of a 24-hour shift, so long as they are afforded eight hours for slee

On March 25, 2019, Kentucky Governor Matt Bevin signed into law a bill that reaffirms an employer’s right to use arbitration agreements. The law substantively amends the language of two state statutes: KRS § 336.700 and KRS § 417.050.

The minimum wage in Maryland is increasing from $10.10 to $15 per hour. The Maryland General Assembly approved legislation for the raise.

The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the state. An industry that has been fraught with hundreds of class action lawsuits

Executive Summary. Today the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers. The Court reversed two Appellate Division decisions, Andryeyeva v. New York Health Care, Inc., (“Andryeyveva”) and Moreno et al., v. Future Care

The New York Department of Labor’s (NYDOL) longstanding interpretation of its wage order as applied to the work hours of non-residential employees performing 24-hour (so-called “sleep-in” or “live-in”) shifts has been upheld by the New York Court of Appeals, to the relief of the state’s home healthc

Can a drug testing lab be sued for negligence in South Carolina if it mishandles an employee’s drug test? Yes, according to a recent decision issued by the South Carolina Supreme Court with potential ramifications for drug testing labs, employers, and employees who test positive for drugs. Shaw v. P

The right of Kentucky employers to require arbitration as a condition of employment and continued employment has been restored by Senate Bill 7, signed by Governor Matt Bevin on March 25, 2019. The new law also provides certain safeguards for employees.

The minimum wage in Maryland is increasing from $10.10 to $15 per hour, approved by the Maryland House of Delegates.

After enacting its non-compete law on April 7, 2016, Utah has twice amended the law to address additional restrictions on non-competes in the broadcasting industry. Governor Gary Herbert signed the second of those amended bills on March 22, 2019.

On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty of care upon a payroll company with regards to the obligations owed to an e

As we move deeper into the 2019 legislative season, the Connecticut General Assembly is considering several proposed bills in the state House and Senate that—if enacted—would affect employers in significant ways. With a substantial Democratic majority in both the House and the Senate—and a newly ele

The New York City Commission on Human Rights (CCHR) has released a Frequently Asked Questions (FAQs) page and other additional guidance for the City’s lactation room law, which became effective March 18, 2019.

Add Washington D.C. Attorney General Karl A. Racine’s recent data security legislative proposal – the Security Breach Protection Amendment Act of 2019 – to the growing list of states and jurisdictions across the country seeking to strengthen privacy and security protections around personal informati

The Massachusetts Paid Family and Medical Leave law (PFML) will require most private employers to provide covered individuals with paid family and medical leave funded through a payroll tax. Beginning April 29, 2019, the Massachusetts Department of Family and Medical Leave (the “Department”) will of

New Jersey’s legislature is scheduled to vote Monday, March 25, 2019 on a bill designed to legalize the recreational use of marijuana for adults over the age of 21, create a system by which marijuana and marijuana products will be taxed and sold, and expunge prior convictions for possession or distr

The South Carolina Supreme Court held that laboratories who perform workplace drug tests on behalf of employers owe a duty of care to the individuals who are tested and may be sued for negligence for failing to properly and accurately perform the drug tests and report the results. Shaw v. Psychemedi

On March 21, 2019, the South Carolina Supreme Court answered a certified question that will impact third-party vendors under contract with South Carolina employers to conduct employee drug testing. In Shaw v. Psychemedics Corporation, the court held that drug-testing companies conducting tests on So

On March 12, 2019, Oklahoma Governor Stitt signed into law the Oklahoma Medical Marijuana Use and Protection Act. The Act, better known as the medical marijuana “Unity Bill,” amends the state’s medical marijuana law to create a system for implementing dispensary licenses and to amend and clarify who