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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New York - General

New York City Will Require Employers to Provide Greater Workplace Accommodations for Lactating Employees

Littler·

On November 17, 2018, Sections 8-102 and 8-107(22) of the New York City Administrative Code were amended to require employers in New York City with four1 or more employees to (1) provide designated lactation room(s) for employees and (2) implement a lactation room accommodation policy. New York City

California - General

The Other Shoe Drops: Court of Appeal Decision Narrows Use of Employee Non-Solicitation Provisions in California

Littler·

It is well-established that restrictive covenants are prohibited by statute in California. Since the decision by the California Supreme Court that partial restraints like customer non-solicitation clauses were void under Business and Professions Code Section 16600, the courts have been strictly inte

Illinois - General

Biometric Privacy Case Before Illinois Supreme Court Could Open Litigation Floodgates

Littler·

On November 20, 2018, the Illinois Supreme Court will hear oral arguments in a case that has significant implications for Illinois employers, though it is not an employment-law case. Over the past two years, more than 100 class action lawsuits have been filed by employees claiming to be “aggrieved p

Minnesota - General

Twins Once More: Saint Paul Passes $15 Minimum Wage Ordinance

Littler·

On November 14, 2018, the Saint Paul City Council passed, and Mayor Melvin Carter signed into law, an ordinance that will raise the minimum wage in Saint Paul, Minnesota to $15 an hour starting as early as 2022 for large businesses operating within city limits. Long a priority of Mayor Carter, the i

New York - Human Rights Law

NYC Council Proposes Additional Harassment Training Requirement for "Nightlife Establishments" and Their Employees

Littler·

As previously reported, this year both the State of New York and the City of New York enacted legislation requiring employers to distribute sexual harassment prevention policies and to train their workforce about the prevention of workplace sexual harassment and available legal remedies. On October

Illinois - General

Chicago City Council Creates Office of Labor Standards to Enforce Chicago’s Employment Ordinances

Littler·

On October 31, 2018, the Chicago City Council unanimously approved the formation of the Office for Labor Standards (OLS).1 The new OLS was created to facilitate more rigorous enforcement of the city’s employment ordinances and to promote investigation into alleged violations. The law will go into ef

Puerto Rico

Puerto Rico Revises Form for Reporting Payments to Terminated Employees, Considers Credit History Ban

Jackson Lewis P.C.·

The Puerto Rico Department of the Treasury has announced changes to tax reporting for certain severance payments.

New York - Human Rights Law

New York City Releases Guidance on Mandatory Sexual Harassment Training, Notice Requirements

Jackson Lewis P.C.·

The New York City Commission on Human Rights has released Frequently Asked Questions (FAQs) as guidance on the “Stop Sexual Harassment in NYC Act.”

California - General

California Court Voids Nonsolicit Agreement, Defeats Trade Secret Claims and Awards Attorneys’ Fees to Defendants

CDF Labor Law LLP·

A California Court of Appeal concluded that what appeared to be a standard nonsolicitation of employees provision was, in fact, an unenforceable noncompete that prevented its former employees from carrying out their chosen profession. The Court of Appeal in AMN Healthcare, Inc. v. Aya Healthcare Ser

Puerto Rico

Puerto Rico Treasury Department Changes Tax Reporting on Act 80 Payments Made During Tax Year 2018

Littler·

On October 22, 2018, the Puerto Rico Department of the Treasury (the “PR Treasury”) issued Publication 18-03, which makes tax reporting and tax deadline changes for certain severance payments.

California - General

California Expands Upon Lactation Accommodation Requirements

Jackson Lewis P.C.·

California Governor Jerry Brown signed into law Assembly Bill 1976, expanding California employer obligations respective to employee lactation accommodation.

California - Wage & Hour

New California Law Creates Narrow Rest Break Exemption at Petroleum Facilities

Jackson Lewis P.C.·

On September 20, 2018, California Governor Jerry Brown signed into law Assembly Bill 2605. This new law provides that unionized employees at petroleum facilities who hold safety-sensitive positions are exempt from the requirement that employees be relieved of all duties during rest periods. The bill

New Jersey - General

New Jersey Publishes Mandatory Paid Sick Leave Notice in 12 New Languages

Littler·

New Jersey’s Department of Labor and Workforce Development (NJ DOL) created a webpage concerning the state’s paid sick and safe time law, which took effect on October 29, 2018. Available online resources on the page include the mandatory notice in English and 12 other languages: Arabic, Chinese (sim

California - Cal/OSHA

CAL/OSHA Emergency Regulation on Injury and Illness Recording and Recordkeeping Will Require Certain Employer Action by December 31, 2018

Littler·

Recently, Cal/OSHA published its Proposed Emergency Regulatory Action on Recording and Reporting of Occupational Injuries and Illnesses, as required by Assembly Bill 2334, which was signed into law last month. The new law, which takes effect on January 1, 2019, amends state occupational safety and h

California - General

Do New California Restrictions on Confidentiality Provisions Tie Employer Hands on Releases and Other Employee Contracts?

Littler·

Bruce Sarchet and Corinn Jackson, with Littler’s Workplace Policy Institute, chat with Betsy Cammarata of the firm’s Knowledge Management team about major upcoming changes to California laws governing employee release and confidentiality agreements. Bruce and Corinn explore three new laws (AB 3109,

California - General

Expanded Paid Family Leave Benefits Coming to California Employees

Jackson Lewis P.C.·

Under the Family Medical Leave Act, eligible employees are entitled to take time off for due to a “qualifying exigency” arising from the deployment of the employee’s spouse, parent, or child for active military duty to a foreign country. Examples of “qualifying exigencies” include attendance at mili

New Jersey - General

New Jersey Releases FAQ on Paid Sick and Safe Time Law

Littler·

Just days before New Jersey’s paid sick and safe time (PSST) law is set to take effect on October 29, 2018, the New Jersey Department of Labor and Workforce Development issued a set of Frequently Asked Questions (FAQ) to help employers comply with the new law, as proposed regulations implementing th

New York - General

Is Your Company Speaking the Right Language?

FordHarrison·

On October 17, 2018, the New York State Department of Labor (NYSDOL) released foreign language resources for employers and employees regarding the state’s new sexual harassment prevention laws and the necessary policy and training documents. As discussed in our August 29, 2018 Alert, earlier this ye

D.C. - General

D.C. Council Repeals Minimum Wage Increase Initiative for Tipped Workers, Adopts Training and Notice Measures to Address Wage and Harassment Issues

Jackson Lewis P.C.·

Earlier this month the D.C. Council, by an 8 - 5 vote, approved the “Tipped Wage Workers Fairness Amendment Act of 2018.” The legislation repealed Initiative 77, a contentious ballot measure that narrowly passed this summer and that would have substantially increased the minimum wage for tipped work

New York - General

Paid Sick Leave Changes in New York City and Westchester County Impact Empire State Employers

Littler·

Recent developments in New York City and Westchester County, New York, may require employers to review their existing leave policies and procedures. Revised Earned Sick and Safe Time Act rules were adopted in New York City, and Westchester County enacted a new ordinance, the Earned Sick Leave Law. B