State Employment Law Articles

California Attorney General Rob Bonta has been actively enforcing the California Consumer Privacy Act (CCPA) since July 2023, when he announced an “investigative sweep” through inquiry letters sent to large California employers only about six months after the amended law took effect and became appli

A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James , a trade group and five New York farms sought to enjoin enforcement of

On February 26, 2024, the California Supreme Court issued its opinion in Tricoast Builders, Inc. v. Fonnegra , No. S273368 (Cal. Feb. 26, 2024). For employers, the most important takeaway from this case is that the court held a litigant’s waiver of the right to a jury trial can be conclusive

On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a commission subject to the Massachusetts Wage Act.

Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to limit confidentiality requirements that would prevent information about serial s

California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance with the California Consumer Privacy Act (CCPA), which provides a complex set of compliance issues, parti

Private businesses with one hundred or more Illinois employees as of December 31, 2023, and that are required to file an annual Employer Information Report EEO-1 with the U.S. Equal Employment Opportunity Commission (EEOC), must obtain an Equal Pay Registration Certificate (EPRC) by March 24, 2024.

Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al. , No. 5:23-cv-00034 (N.D. Tex. Feb. 27, 2024). The court permanently enjoined the Equal Emplo

Employers in Columbus, Ohio, will be prohibited from asking job applicants about their salary histories under a city ordinance that takes effect on March 1, 2024.

On February 16, 2024, California Assembly Member Pilar Schiavo (D-40) introduced legislation (Assembly Bill (AB) 3106) that would require the California Occupational Safety and Health Standards Board to adopt a standard that ensures workers in California continue to receive their pay and benefits wh

Property owners, contractors and their agents face increased likelihood of Labor Law § 241(6) liability after a February 20 decision by the NY Court of Appeals expanded the definition of “foreign substance” as used in Industrial Code § 23-1.7(d)

Florida’s 2024 regular legislative session runs from January 9 through March 8, 2024, and is one to watch for employers. Dozens of workplace bills have been filed. If passed, three sets of these bills may have a particularly significant impact across many industries. Child labor bills would largely

Starting in the first quarter of 2024, employers must report Standard Occupational Code (SOC) information for their employees in the quarterly wage file reports due by April 30, 2024.

Companies that hire employees and engage independent contractors in California should brace themselves for an even greater slowdown in background checks that include criminal record searches in Los Angeles County.1 This will result from the drastic impact of the court of appeal’s 2021 opinion in All

NY budget amendment proposal would make significant changes to the state’s Consumer Directed Personal Assistance Program. Potential changes would impact the home health industry, including, among other changes, eliminating the FI RFO, providing daily and weekly work hour limits and prohibiting entit

It’s almost spring, and you know what that means! It’s almost time to file the California pay data reports. Last year was the first year for filing expanded pay data reports under SB1162 , which requires private employers with 100 or more employees to file a report with the Civil Rights

On February 8, 2024, California Assembly Member Joaquin Arambula (D-31) introduced legislation to require employees to obtain heat illness prevention certification from the California Division of Occupational Safety and Health (Cal/OSHA) within thirty days after their date of hire and to maintain th

The California Court of Appeal’s decision on February 9, 2024 immediately restores the California Privacy Protection Agency’s enforcement power. The decision impacts finalized regulations – which are no longer subject to enforcement delay. Upcoming and pending regulations are unlikely to face enforc

By: Ninth Circuit Requires Federal Courts in California to Follow Adolph v. Uber By: Ninth Circuit Requires Federal Courts in California to Follow Adolph v. Uber On February 12, 2024, in Johnson v. Lowe’s Home Centers, LLC , the Ninth Circuit Court of Appeals held that an employee’s non-arbitrable,