State Employment Law Articles

Rejecting the federal standard for determining whether a party has “prevailed” on his or her claim under the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, §§ 148 & 150, the Massachusetts Supreme Judicial Court has held instead that the less-stringent “catalyst” test applies. As a result, plaintif

New Jersey has joined a growing list of states considering legislation on data privacy to promote transparency, accountability, and individual choice. One bill would create new obligations for commercial entities whose online website or services collect personally identifiable information (PII) from

Since the start of 2019, New Jersey has shown it is on the forefront of consumer privacy and security law. Last week we reported on Assembly Bill 3245 (AB 3245) that would enhance the state’s data breach notification requirements. In short, if signed, AB 3245, would require businesses to notify cons

In major news for employers in Pittsburgh, the City Council just unanimously passed a new ordinance greatly expanding protections for pregnant employees and imposing several new requirements on private employers, much like those under the federal Pregnancy Discrimination Act, Americans with Disabili

Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items. The substance of those proposals may also catch employers by surprise, with some observers viewing the Evers budget as an effort to erase the employer-friendl

In January 2019, Florida Senator Marco Rubio introduced the “Freedom to Compete Act” (the “Act”), which would limit an employer’s ability to enter into non-competition agreements with certain entry-level, low-wage employees. Additionally, the Act seeks to amend the Fair Labor Standards Act (FLSA) to

Once again, the Illinois Legislature is working to pass more aggressive equal pay laws. HB 834 includes not only a pay history ban, but also additional amendments to strengthen pay equity protections and pay transparency provisions.

Bruce Sarchet and Corinn Jackson with Littler’s Workplace Policy Institute review the key labor and employment measures introduced this year in the California legislature. Lawmakers have filed bills on a wide range of topics, from independent contractor classification to hairstyle discrimination – a

In light of several large-scale breaches of late, the New Jersey General Assembly is taking steps to enhance the state’s data breach notification requirements. In late February, Assembly Bill 3245 (AB 3245), introduced by Assembly Members Ralph Caputo and Carol Murphy, was unanimously approved by bo

Joining a nationwide trend, a bipartisan group of South Carolina legislators recently introduced bills in both houses of the General Assembly aimed at allowing applicants and employees to sue employers for unequal pay.

By now, most employers should be aware of the California Healthy Workplaces, Healthy Family Act which went into effect in 2015. Under California law, all employers (with very few exceptions), must allow employees to use up to 3 days or 24 hours of paid sick leave in a 12-month period. However, what

The proposed New York call-in pay regulations are halted, according to a statement from the New York Department of Labor (DOL).

While not recognizing discrimination based upon sexual orientation or gender identity as being protected under the Missouri Human Rights Act (MHRA), the Missouri Supreme Court has issued two separate opinions that expand protection of LGBTQ individuals under the MHRA.

In 2017 and 2018, the New York State Department of Labor (NY DOL) issued two sets of proposed regulations to amend the Minimum Wage Order for Miscellaneous Industries and Occupations, which governs most employers in New York State, to incorporate predictable scheduling rules.1 These proposed regulat

Executive Summary: On February 26, 2019, the Missouri Supreme Court extended legal protections against discrimination based on gender identity and sexual orientation in two separate cases—one dealing with employment rights and the other dealing with accessibility rights to public facilities by trans

The New York State Department of Labor (NYSDOL) is no longer pursuing regulations on “call-in pay,” or predictive scheduling, that would affect most New York employers.

The New York City Commission on Human Rights released legal guidance relating to discrimination on the basis of hair and hairstyles. While the guidance does not change existing law, it makes clear the Commission’s position that the New York City Human Rights Law bans discriminatory practices by empl

An amendment to the civil rights code of Portland, Oregon, extends protections against discrimination in employment, housing, and public accommodations to atheists, agnostics, and other “non-believers.” Religious facilities are expressly exempt.

California courts have been busy since the start of the new year issuing decisions that affect employers with California employees. Here’s an update on the most significant of these decisions and how they impact employers and their policies and practices.

Declaring it the “most expansive paid family leave time and benefits in the nation,” New Jersey Governor Phil Murphy signed Assembly Bill (AB) 3975 into law on February 19, 2019. AB 3975 significantly expands the scope of the New Jersey Family Leave Act (NJFLA) and the New Jersey Temporary Disabilit