State Employment Law Articles

A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and employment contracts, and prohibits the waiver of substantive and procedural rights under the statute. The amendment applies to all contracts and agreeme

In response to the #MeToo movement, New Jersey Governor Phil Murphy signed a controversial bill on March 18, 2019 banning mandatory nondisclosure clauses in employment contracts and settlement agreements involving workplace discrimination, retaliation, and harassment claims.

As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual limitations upon an employer’s right to enter into certain nondisclosure agreements (NDAs). In addition, Governor Murphy’s recent signing of S. 121 (“t

Oregon’s highest court has held that although the state’s “social host” law protects certain persons from liability related to their actions taken as “hosts,” there is no similar insulation from liability for alleged tortious conduct committed while acting in another role, such as employer. Schutz v

Executive Summary: Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019, invalidates any provision of an employment agreement which “waives any substantive or procedural right or remedy” under the State’s broad anti-discrimination l

If your business has five or more employees, your business is one of the millions in California that has a duty to provide reasonable accommodations for its employees with known disabilities.

On March 15, 2019, the Massachusetts Supreme Judicial Court held that the “agricultural” exemption to the Massachusetts Overtime Law, M.G.L. c. 151, § 1A, does not apply to workers who perform post-harvesting activities. This decision, in the case of Arias-Villano v. Chang & Sons Enterprises, Inc.,

The Minnesota Supreme Court in Daniel v. City of Minneapolis overruled itself, and 30 years of precedent, by holding the Minnesota Workers’ Compensation Act’s exclusivity provision does not bar disability discrimination claims for the same injury. A summary of the facts of the case follows, along wi

The New York City Commission on Human Rights (CCHR) has released model policies for the City’s lactation room law, effective March 18, 2019.

On March 12, 2019, Cincinnati, Ohio passed an ordinance1 prohibiting employers from asking applicants about their salary history or current earnings. It is the latest large jurisdiction to pass such a measure, following several localities in New York that have recently passed similar ordinances.2

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most expansive state privacy law in the United States. Organizations familiar with the European Union’s General Data Protection Regulation (GDPR), which became effective on May 25, 2018, certainly w

The New Jersey Department of Labor (NJDOL) has revised the state equal pay law’s reporting requirements for employers that provide qualifying services or perform public works (e.g., construction, demolition, repairs, and so on) to New Jersey and its agencies to clarify which employees must be includ

Do employees in New Jersey owe a duty of loyalty to employers, even without a written employment agreement? Eliminating any possible doubt, the New Jersey Appellate Division answered, emphatically, yes.

The City of Cincinnati has become the latest jurisdiction to adopt an ordinance prohibiting employers from asking about or relying on the prior salary history of prospective employees in setting starting pay.

Bruce Sarchet, of Littler’s Workplace Policy Institute, and Marissa Dragoo with the Littler Learning Group, take a look at a new type of workplace training – bystander intervention training – that is now encouraged for California employers. This optional training teaches employees how to evaluate an

The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) governs non-compete agreements in Georgia entered into after May 2011 and sets forth that such agreements can be used only with respect to certain employees. One context in which non-compete agreements are permitted is where an emplo

New Jersey has enacted an omnibus law that expands significantly protections and benefits for employees under the state’s laws providing unpaid family leave, domestic or sexual violence safety leave, and temporary paid family leave insurance.

Companies should begin preparing now for the new Westchester County Earned Sick Leave Law (“WCESLL”), which becomes effective on April 10, 2019. Here are five steps to get employers started.

The Garden State has been updating its data privacy and security laws and you may be wondering why. On October 28, 2018, Attorney General Gurbir S. Grewal and the New Jersey State Police the New Jersey announced statistics on the effects of data breaches in 2017 on New Jersey residents.

California employment law is changing once again. By January 1, 2020, an employer having five or more employees will be required to provide at least one hour of sexual harassment training to all of its employees, once every two years. The training will be required to start within six months of the e