State Employment Law Articles

Relief from Steep Pay Transparency Penalties for Businesses in Washington State In welcome news for the business community and a shining example of bipartisan cooperation, the Washington State Legislature has almost unanimously passed an amendment to its pay transparency law that led to hundreds of

Jennifer Shaw appeared on “The Afternoon News with Kitty O’Neal” to talk about a grassroots effort by California state workers who raised $15K for a billboard calling out Governor Newsom’s Return-to-Office order, set to take

TakeawaysEffective 07.01.25, a new amendment to Virginia’s non-compete law expands the definition of “low-wage” employees to include employees classified as non-exempt under the FLSA. The new definition will not apply retroactively to existing agreements. Employers should audit their employee classi

Nevada OSHA to Begin Enforcing Heat Illness Prevention Regulation on April 29, 2025 The Nevada Division of Industrial Relations (DIR), the principal regulatory agency responsible for workplace safety in Nevada, will begin enforcement of a recently adopted heat illness prevention regulation on April

By: Cal. Court of Appeal Affirms Validity of Prospective Meal Break Waivers On April 21, 2025, a California Court of Appeal affirmed the validity of prospective, written meal period waivers, so long as they are revocable and not coerced. The case, La Kimba Bradsbery et al. v. Vicar Operating, Inc. ,

The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act’s (WFEA) prohibition against discrimination based on an employee’s or applicant’s arrest record. The court held that “arrest record” includes noncriminal o

New Jersey stands at a crossroads regarding the compensation of tipped workers. Introduced on March 10, 2025, Assembly Bill A5433 proposes a significant change to the New Jersey Wage and Hour Law: phasing out the “tip credit.”

By: PAGA Update: Cal. Court of Appeal Confirms PAGA Plaintiffs Must Have a Timely Individual PAGA Claim In a decision with important implications for many pending Private Attorneys General Act (PAGA) lawsuits, a California Court of Appeal upheld the dismissal of a representative PAGA action as untim

On April 22, 2025, the Washington State Senate passed Substitute Senate Bill 5408 , as amended by the House on April 15, 2025 (“Amended SSB 5408”), making substantial changes to the Equal Pay and Opportunities Act related to pay and benefit information in job postings, a law that has resulted in

Beginning July 1, 2025, Virginia will provide even more protection to workers against the enforcement of noncompete agreements. Since 2020, Virginia law has prohibited employers from entering into, enforcing, or threatening to enforce a covenant not to compete against a “low-wage employee” (currentl

Washington’s Amended Fair Chance Act Will Impose Additional Obligations on Covered Employers Washington State has an existing fair chance law (discussed here ) but the statute, as amended by HB 1747 , will impose additional obligations on employers that consider criminal records when vetting job app

TakeawaysThe state’s “One Day Rest In Seven Act” now includes anti-retaliation provisions and an enforcement mechanism.Employers should review their policies and practices and ensure they are compliant with the new law.Related linkIllinois General Assembly - Full Text of Public Act 103-1082Article

Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable.

By: Cal. Supreme Court To Decide Headless PAGA Action Issue By: Cal. Supreme Court To Decide Headless PAGA Action Issue We have previously discussed the evolving Private Attorneys General Act (PAGA) case law regarding the issue of so-called 'headless' PAGA cases – where a PAGA plaintiff attempts to

All 2024 California pay data reporting filings are due to be filed no later than May 14, 2025. Failing to meet this deadline could subject employers to fines or penalties of up to $100 per employee for a first violation and up to $200 per employee for a second violation.

Illinois Amends One Day Rest in Seven Act to Prohibit Retaliation Last month Governor JB Pritzker signed SB 3180 into law prohibiting retaliation under the One Day Rest in Seven Act . The Act requires every employer, with certain exceptions, to provide employees with at least 24 consecutive hours of

TakeawayBeginning 04.01.25, delivery platform companies must pay delivery workers in New York City a $21.44 per hour minimum pay-rate.Related links

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had a job offer rescinded following a pre-employment drug screen.

Kathy Hochul has proposed a sweeping initiative to improve access to medical care within the New York State Workers’ Compensation system, removing barriers to treatment for injured workers and streamlining the system for healthcare providers.

The Iowa Supreme Court recently clarified that a compliant random drug testing program under Iowa law requires excluding those who are not scheduled to