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 Jersey - General

Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

Littler·

The Third Circuit agreed with the lower court that a preliminary injunction was not warranted to block New Jersey’s Temporary Workers Bill of Rights (the “ Bill of Rights ”) in a challenge by industry groups. The appellate court ruled that the Bill of Rights does not unlawfully burden out-of-state b

Michigan

Michigan Supreme Court Voids Existing Minimum (Cash) Wage and Paid Sick Leave Laws and Revives Old Laws

Littler·

The Michigan Supreme Court has ordered a “do-over” of sorts by reviving old laws regulating minimum wage, tip, and paid sick leave. Changes to the minimum wage and tip rules will go into effect on February 21, 2025, but a number of questions remain.

Massachusetts - General

Massachusetts Adopts Pay Transparency and Reporting Requirements

Ogletree Deakins·

Massachusetts has enacted a new law imposing pay transparency and pay data reporting obligations on employers in the state. The law will take effect on July 31, 2025.

Florida - General

Escaping the “Upside Down” – Halting Florida's Stop WOKE Act

Littler·

Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity (“IE&D”). Since then, there has been a battle in the courts as to the validity of the legislation

Illinois - General

Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

Littler·

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The Amendment is a milestone in the broader ongoing effort to resolve BIPA’s vague sta

Connecticut - HRO Law

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

Ogletree Deakins·

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio v. Commission on Human Rights and Opportunities , a decision that follows fe

New Hampshire

New Hampshire Prohibits Workplace Discrimination Based on Hairstyles Related to Ethnicity

Jackson Lewis P.C.·

New Hampshire has become the 26th U.S. state to enact a version of the model CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair.” On July 3, 2024, Governor Chris Sununu signed into law “Creating a private cause of action for discrimination based on hairstyles relative

Florida - General

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

Ogletree Deakins·

On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can require their workers to attend.

Massachusetts - Wage & Hour

Massachusetts Enacts a New Pay Transparency Law

Littler·

Massachusetts is the latest state to mandate salary transparency in job postings and disclosure of demographic and pay data to the government. On July 31, 2024, Governor Maura Healey signed into law the “Frances Perkins Workplace Equity Act,” H.B. 4890 . The law is named after Frances Perkins, the f

Hawaii

Hawaii's New “Captive Audience” Law: What Employers Need to Know

Littler·

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters.

Illinois - General

Illinois Makes Move to Ban Employer-Sponsored Meetings

Littler·

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing information—the side of the story employees don’t typically hear when organizers ar

Oregon - General

Untangling the Oregon Leave Quagmire – Answers to Common Compliance Questions in Light of Recent Legislative Changes

Littler·

If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be entitled to leave under the Oregon Family Medical Leave Act (“OFLA”), Orego

Louisiana - General

New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and August 2024

Ogletree Deakins·

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements for sexual harassment, and a ban on nondisclosure agreements regarding sexua

Michigan

Michigan Supreme Court Reinstates Voter-Initiated Versions of State’s Paid Sick Leave and Minimum Wage Laws

Ogletree Deakins·

On July 31, 2024, the Michigan Supreme Court reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). This reversion will take effect on February 21, 2025. The decision is significant for Michigan emplo

California - Cal/OSHA

Cal/OSHA Publishes Draft Workplace Violence Prevention Standard With Additional Proposed Requirements

Ogletree Deakins·

On September 30, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 553, establishing a new workplace violence prevention standard in California. SB 553 came into effect on July 1, 2024, and the new law requires virtually every California employer to implement a comprehensive workplace

Minnesota - Wage & Hour

Minnesota Adopts New Rules for Parental Leave, Tips, and Recordkeeping Starting August 1, 2024

Ogletree Deakins·

New laws in Minnesota will change how employers need to handle parental leave, tips, and recordkeeping. Most of the changes were part of the state’s omnibus bill for 2024 and are set to take effect on August 1, 2024.

California - General

Supreme Court of California Upholds Law Classifying App-Based Drivers as Independent Contractors

Ogletree Deakins·

On July 25, 2024, the Supreme Court of California upheld a state law permitting ride-sharing apps to continue classifying their drivers as independent contractors, rather than employees. The ruling is likely to have a significant impact on the gig economy in the state, preserving the ability of appl

California - General

California Appellate Decision Raises New Considerations for Arbitration Agreements

Ogletree Deakins·

A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited in duration, and (3) lacked mutuality by requiring the employee to arbitrat

California - Fair Employment And Housing Act

Anti-Discrimination Laws Regarding AI Use in Hiring

Shaw Law Group, PC·

In May of this year, the California Civil Rights Council (CCRC) released proposed regulations to clarify that existing laws prohibiting employment discrimination apply to automated decision-making systems that rely on artificial intelligence (AI).

New Jersey - General

Third Circuit Refuses to Block New Jersey Temporary Workers Bill of Rights Law

Ogletree Deakins·

On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees.