State Employment Law Articles

The New York Paid Family Leave (NY PFL) law has been in effect for over a month, yet reports indicate that many New York employers are not prepared for the operation requirements of the law. The basics of the law shouldn’t be news to employers with employees in New York. The NY PFL law provides empl

Just one year after substantial changes to Puerto Rico employment laws became effective, the Governor has enacted two new sick leave laws. One shields employees from adverse consequences from sick leave use. The other creates a special leave for catastrophic illnesses.

The Governor of Puerto Rico recently signed into law Act No. 28 (“Act 28”), entitling all employees, including temporary employees, to take up to six days of paid leave per year if they suffer from a “catastrophic illness.” This bill, as presented to the Governor, defines catastrophic illnesses as t

The Massachusetts Pregnant Workers Fairness Act goes into effect on April 1, 2018. This new law requires employers with six or more employees to provide reasonable accommodations to pregnant employees. As the effective date of the Act draws near, employers should take steps to ensure compliance with

On February 1, 2018, the Kansas City, Missouri, City Council passed restrictions on employers’ inquiries into, and use of, criminal record information. The ordinance becomes effective on June 9, 2018. The City had already removed the criminal history question from employment applications for governm

Executive Summary: New Jersey extends workplace protections to breastfeeding mothers, requiring employers of all sizes to provide employees with time and space to express breastmilk.

On January 19, 2018, a divided Wisconsin Supreme Court held that an employee non-solicitation covenant was overly broad and unenforceable under state law. In the decision, entitled The Manitowoc Company, Inc. v. Lanning, Case No. 2015AP1530 (Wisc. Jan. 19, 2018), the Court confirmed Wisconsin Statut

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the workplace. In preparation for this change, the Maine Department of Labor has rem

On Saturday, January 27, 2018, the Governor of Puerto Rico signed into law Act No. 60, establishing greater protections for non-exempt private sector employees by prohibiting employers from using sick leave to measure employees’ efficiency in their annual performance evaluations. This bill as presen

On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the Payment of Wages Law if they choose not to pay out accrued, unused sick pay t

On December 19, 2017, on the heels of the effective date of the New York City Fair Workweek Act, the New York City Council passed another scheduling law that provides employees with additional rights to demand changes to their work schedules, with little flexibility for employers to reject such chan

New York Governor Andrew Cuomo has proposed language in his budget amending the definition of a “Hotel” under the state Alcoholic Beverage Control (“ABC”) Law Section 3(14) to eliminate the requirement for hotels to have a restaurant in the building of the hotel.

Vermont’s Governor Phil Scott signed a recreational marijuana law on January 22, 2018. The law is the first recreational marijuana law to be enacted by a state legislature without a ballot initiative. It will take effect on July 1, 2018.

A bill to increase the hourly cash minimum wage paid to tipped employees in New Jersey has been introduced in the New Jersey State Assembly.

Starting on July 18, 2018, New York City employers will be required to provide temporary schedule changes to employees for a “personal event.”

Enforcement of the Fast Food Deductions provisions in New York City’s Fair Workweek Law has been stayed by a federal judge pending resolution of a constitutional challenge brought by two restaurant advocacy groups.

Starting on October 16, 2018, entities covered by the New York City Human Rights Law (HRL) will be required to engage in cooperative dialogue with individuals who may be entitled to reasonable accommodations under the HRL. Passed by the New York City Council on December 19, 2017, Int. 804-A applies

Only two states in the United States lack data breach notification statutes, but that may change in 2018. If legislation pending in South Dakota passes, Alabama would be the only state without a data breach notification law.

In Wisconsin, post-employment restrictive covenants are governed by Wis. Stat. § 103.465, requiring that any restrictive covenant be reasonable to be enforceable.1

Hurricane Aftermath: Available Government Assistance for Puerto Rico Residents