State Employment Law Articles

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,

The California Privacy Rights Act (CPRA) provides comprehensive regulation of the personal information (PI) of California residents. PI includes any “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirec

States across the United States have been taking up or passing laws to prohibit diversity, equity, and inclusion (DEI) initiatives and programming in public schools, colleges, universities, and other institutions, but a bill recently considered by Utah lawmakers raised concerns for private employers

When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision in Oconomowoc Area School District v. Cota.

On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Trustees of IAM Nat'l Pension Fund v. M & K Emp. Sols., LLC , No. 22-7157 (D.C. Cir. Feb. 9, 2024), affirming the district court’s decision to vacate an arbitration award for the employer

Private employers of 100 or more employees and/or 100 or more workers hired through labor contractors must annually report pay, demographic, and other workforce data to the California Civil Rights Department (“CRD”). This year, those reports are due by May 8, 2024.

Earlier this year, District of Columbia Mayor Muriel Bowser signed into law legislation that will require D.C. employers to affirmatively state the pay range for available positions in job advertisements.

In a significant ruling on February 9, 2024, the California Court of Appeal reversed a trial court judgment that had stayed enforcement of California Consumer Privacy Act (CCPA) regulations. This decision will make certain CCPA regulations, which had previously been stayed by court order, become imm

The California Privacy Protection Agency’s (“Agency”) ability to enforce its regulations has been a hot topic over the last year and the most recent twist puts the Agency back into the enforcement business immediately.

By: Authority Restored: The California Privacy Protection Agency May Enforce Latest Regulations The California Privacy Protection Agency’s (“Agency”) ability to enforce its regulations has been a hot topic over the last year and the most recent twist puts the Agency back into the enforcement busines

On February 1, 2024, the California Civil Rights Department (CRD), the agency responsible for administering California’s pay data collection, issued updated guidance for the 2023 California pay data reports that are due May 8, 2024. The new guidance largely maintains the 2022 pay reporting process w

New York recently raised the minimum salary basis thresholds for executive and administrative employees in order to satisfy the exemption from overtime, not to be confused with the separate upcoming increases to salary threshold for the purposes of pay frequency.

In this episode, Jen reminds employers about the new California workplace violence prevention law, Senate Bill 553.

By: CRD’s New Pay Data Reporting Requirements The CRD (California Civil Rights Department, formerly known as the DFEH) published “ Important Announcements for the 2023 Reporting Year ” with new resources (guides, templates, training slides, responses to FAQs), and information required in order to co

Don’t you hate it when a medical provider contests a billing dispute in the NY No-Fault arena, with its provider-friendly rules, when the provider knows (or should have known) that billing disputes in workers’ compensation claims must be resolved before the NYS Workers’ Compensation Board?

Executive Summary: This Alert discusses actions at the state and federal level to require transparency in pay, in an effort to address pay equity issues. Employers should be aware of new and existing requirements and ensure they have policies and procedures in place to enable compliance with applica

On February 1, 2024, the First Circuit Court of Appeals held that a plaintiff alleging a violation of the Maine Equal Pay Law (MEPL) does not need to show additional discriminatory intent beyond establishing that an employer paid male and female employees in comparable jobs differently.

California’s FAST Food Accountability and Standards Recovery Act (FAST Recovery Act) was repealed on September 28, 2023, when Governor Gavin Newsom signed into law Assembly Bill (AB) No. 1228. AB 1228, which replaced the FAST Recovery Act, requires a $20-per-hour minimum wage for fast food workers,