State Employment Law Articles

Effective July 1, 2024, nearly every California employer will be required to implement a comprehensive workplace violence prevention plan with very specific requirements.

Fourteen states have adopted comprehensive data protection laws, most of which will take effect within the next two years. Of these laws, only the California Privacy Rights Act applies to HR data. Nevertheless, employment counsel and HR professionals will be involved in assisting their organizations

New York’s Freelance Isn’t Free Act imposes contract, payment, recordkeeping, and anti-discrimination requirements on companies that hire freelancers. The law defines “freelance worker” very broadly. New obligations apply to contracts with freelancers entered into on or after May 20, 2024.

On January 8, 2024, Governor Phil Murphy signed S1438 / A5794, which amended New Jersey’s State Prevailing Wage Act to permit unions to file prevailing wage claim suits on behalf of workers on covered projects regardless of whether the workers belong to the union. The law took effect immediately.

Illinois state and local legislatures kept busy in 2023 with the enactment of numerous new labor and employment laws, including significant changes to paid and sick leave for employees and new protections for temporary laborers and independent contractors. While some laws took effect during 2023, im

By: Cal. Supreme Court Provides Guidance on How to Limit Overbroad PAGA Claims By: Cal. Supreme Court Provides Guidance on How to Limit Overbroad PAGA Claims By: Cal. Supreme Court Provides Guidance on How to Limit Overbroad PAGA Claims On January 18, 2024, the California Supreme Court issued its op

The 2023 California Pay Data Reporting Portal is set to open on February 1, 2024. Reports must be submitted on or before May 8, 2024. Employers can expect the California Civil Rights Department (CRD) to issue updated templates, frequently asked questions (FAQs) guidance, and user guides soon.

By: A New and Challenging Obstacle for California Employers’ Use of Experts in State Courts Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, result

On January 20, 2024, New York City enacted a law that will create a private right of action allowing employees to file lawsuits in court alleging violations of the city’s Earned Safe and Sick Time Act (ESSTA) within two years of learning of an alleged violation.

A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic acknowledgment in a manner the court deemed insufficient. The decision hig

The City of Philadelphia recently updated its website to make clear that while the city’s COVID-19 leave law expired on December 31, 2023, the city’s Health Care Epidemic Leave Benefit remains in effect.

Employers that cover Florida employees under their prescription drug plans are now prohibited from imposing mandatory mail-order requirements and are required to provide a sixty-day continuity of care period following midyear formulary changes under a recently enacted Florida law regulating pharmacy

California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the PAGA. Class action manageability requirement cannot be superimposed onto PAGA claims. The Court did not decide whether an employer may strike an unmanageable PAGA claim on

The pace of employment law developments can be fast and furious at the start of a new year. Below are a few things you should carefully review.

New Jersey’s Temporary Workers’ Bill of Rights law went into effect on Aug. 5, 2023, and vastly changed the landscape for manufacturing employers who use temporary laborers.

A description of the changes in Workers’ Compensation law – along with the perspective of highly experienced workers’ compensation attorneys – is just a click away.

Executive Summary: On January 12, 2024, the District of Columbia amended the Pay Transparency Act of 2014, joining a growing list of states, counties, and localities to implement more a more expansive pay transparency law. The D.C. Act 25-367 will be effective on June 30, 2024, pending a 30-day cong

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay requirement. The decision marks a deviation from a 2019 Appellate Division First

Governor Kathy Hochul’s newly unveiled fiscal year 2025 executive budget proposal includes an amendment to Section 198 of the New York Labor Law (NYLL) that could put an end to pay frequency claims.

In the summer of 2022, Puerto Rico enacted Act 52-2022, which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011 to address the pandemic-related issue of employees working remotely from the Island for “out-of-state” employers with no business ne