State Employment Law Articles

Executive Summary: Pennsylvania is entertaining legislation to ban all non-compete covenants. Like other states concerned with the effects of restrictions on the mobility of the workforce, the prohibition on non-compete agreements, Pennsylvania House Bill 1938, is founded on the Commonwealth’s inter

On August 29, 2018, Delaware Governor John Carney signed into law a bill (SB 360) addressing sexual harassment in the workplace. The new law broadly defines, and prohibits, sexual harassment and retaliation. The statute obligates employers (with 4 or more employees) to issue an information sheet on

For years, Illinois employment lawyers have had the frustrating experience of trying to explain the quirks of Illinois Human Rights Act1 (IHRA) practice before the Illinois Department of Human Rights (IDHR) and Illinois Human Rights Commission (IHRC) to out-of-state clients and colleagues. For insta

xecutive Summary: Earlier this year, in response to the #MeToo movement, New York State passed several new laws aimed at expanding employee awareness of sexual harassment. (FordHarrison previously reported the updates to the State law in our April 27, 2018 Legal Alert). Among the new requirements pl

An amendment to South Carolina law allows individuals to have certain criminal records expunged following a successful court petition. This means that, among other things, a prospective employee would not be required to disclose on an employment application criminal record information that has been

A non-compete agreement in Nevada “must be limited to the geographical areas in which an employer has particular business interests,” the Nevada Supreme Court has affirmed. Shores v. Global Experience Specialists, Inc., 134 Nev. Adv. Op. 61 (Aug. 2, 2018).

Last week, New York State released anticipated guidance regarding new sexual harassment legislation that was enacted in May with major provisions effective October 9. The new website provides a model policy, model training, frequently asked questions, and a sample complaint form. All documents have

On July 27, 2018, Seattle Mayor Jenny Durkan signed into law the Domestic Worker Ordinance (“the DWO”). Effective July 1, 2019, the ordinance is expected to impact approximately 33,000 domestic workers in Seattle. The new law mirrors similar efforts in several states to expand employment rights to d

On Tuesday, Governor Mike Parson appointed State Representative Robert Cornejo to be chairman of the Missouri Labor and Industrial Relations Board. Cornejo, an attorney and Republican state representative from St. Peters, Missouri, will replace outgoing chairman John Larsen.

The State of New York has issued draft guidance for employers on the mandatory sexual harassment prevention policies and annual employee training required by legislation passed earlier this year. Starting October 9, 2018, the enacted legislative package requires, among other things, that employers i

As many New York City employers now know, on May 9, 2018, Mayor DiBlasio signed into law the Stop Sexual Harassment in NYC Act, which amended the NYC Human Rights Law to include mandates aimed at addressing and preventing sexual harassment in the workplace. The act effects a number of obligations, i

On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law. As we reported in April and August of this year, New York State recently passed a number of se

On August 21, 2018, Illinois Governor Bruce Rauner signed House Bill 1595 (“HB 1595”) amending the Nursing Mothers in the Workplace Act1 (the “Act”). Effective since 2001, the Act applies to employers with more than five employees and grants reasonable break time each day to an employee needing to e

On August 16, 2018, the San Antonio City Council adopted a paid sick and safe leave ordinance which, aside from minor linguistic differences, is identical to the ordinance passed earlier this year in Austin. The next day, the Texas Court of Appeals, Third District, issued an order that temporarily e

Bruce Sarchet and Corinn Jackson of Littler’s Workplace Policy Institute discuss recently-adopted amendments to the California salary history ban. Although the ban took effect this past January, the original statute left open numerous important questions. Bruce and Corinn review the new definitions

Executive Summary: In Cotto v. Ardagh Glass Packing, Inc., 2018 U.S. Dist. LEXIS 135194 (D.N.J. Aug. 10, 2018), a case of first impression, the federal district court held that neither New Jersey’s Law Against Discrimination (LAD) nor Compassionate Use Medical Marijuana Act (CUMMA) require an employ

On August 13, 2018, the California Fourth District of Appeal held in Monster Energy Company v. Schechter that an attorney who signed his client’s settlement agreement under the phrase “approved as to form and content” was entitled to the granting of an anti-SLAPP motion in a case against him for bre

Answering a question left from a previous appeal in the same case, a divided panel of the U.S. Court of Appeals for the Ninth Circuit has concluded that a settlement agreement provision between a physician and his former employer, the California Emergency Physicians Medical Group (“CEP”), constitute

Last year, the Puerto Rico Department of the Treasury (the “PR Treasury”) issued Administrative Determination Number 17-29 (“AD 17-29”) to provide rules and procedures for allowing distributions from an IRA or a Puerto Rico qualified retirement savings plan following Hurricane María. The purpose of

In its continuing, apparent quest to undermine federal law, the California legislature is moving to make it unlawful for employers to require applicants or employees to agree to resolve employment-related disputes by way of arbitration. AB 3080 would add provisions to the California Fair Employment