State Employment Law Articles

On August 31, 2024, the California Legislature passed the California Worker Freedom from Employer Intimidation Act, Senate Bill (SB) No. 399. The bill heads to Governor Gavin Newsom, who has until September 30, 2024, to sign it. If he does so, the act will add new Labor Code Section 1137.

On August 30, 2024, a judge of the U.S. District Court of New Jersey denied a motion to partially enjoin the New Jersey Temporary Workers Bill of Rights based on Employee Retirement Income Security Act (ERISA) preemption.

A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond al

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Illinois Governor JB Pritzker has signed an amendment to the Illinois Right to Privacy in the Workplace Act that provides additional employee protections regarding employers’ use of E-Verify. The amendment’s effective date is Jan. 1, 2025, and applies to both private and public employers . Illinois

The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024.

On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for freelance workers in Los Angeles. Ensure Compliance with California Labor Code

Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance . The ordinance, which imposes obligations well beyond existing federal and state

Earlier this week, California passed bill AB 3234 with ease in both the State Assembly (77-0) and the Senate (36-0). Governor Gavin Newsom is expected to sign the bill. AB 3234 requires employers who have voluntarily subjected their businesses to social compliance audits to post a clear and obvious

In an era when artificial intelligence (AI) is rapidly transforming the workplace, Illinois has joined the growing list of states taking legislative action to further regulate the use of AI in employment settings, which follows the May 17, 2024, enactment of more sweeping legislation in Colorado. On

An Overview of Recent Decisions Demonstrating the Board’s Continuing Attitude Toward 114-a

In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer transaction, the reasoning used by the court could influence how employment arbitrati

Earlier this month, the California Supreme Court unanimously decided that the Private Attorneys General Act (PAGA) does not apply to public entities.

With proper planning, Golden State manufacturing employers can mitigate the risk of Private Attorneys General Act (PAGA) claims premised on alleged violations of the California Occupational Safety and Health Act (Cal/OSHA).

Effective immediately, workers’ compensation judges in New Jersey can establish petitioner’s attorney fees of up to 25% of the judgment

On August 9, 2024, Illinois Governor JB Pritzker signed Senate Bill 0508 (“SB0508”) into law. This new law provides additional employment protections for individuals flagged by an employment eligibility verification system, including federal E-Verify, as having identification discrepancies. The new

Quick Hits These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with other entities such as social media companies. The claims invoke

Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649 , commonly known as the Worker Freedom of Speech Act. The Act is set to take effect on Jan. 1, 2025.

Goldberg Segalla partners Christopher J. Major and Matthew P. Palazzola will provide practical, hands-on advice for maximizing the subrogation potential of a New York workers’ compensation claim, including via both Section 29 of the WCL and intercompany loss transfer pursuant to Ins. Law 5105.

Under New York’s Freelance Isn’t Free Act (FIFA), effective August 28, 2024 , companies hiring freelancers (1099s/independent contractors) will be required to comply with the law’s contract, payment, recordkeeping, and anti-discrimination requirements. Given its broad scope and applicability, indivi