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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California - General

California Legislative Round-Up 2023

Shaw Law Group, PC·

Governor Newsom is done signing bills for 2023. We briefly summarize the new laws affecting California employers below. Unless noted otherwise, these laws are effective on January 1, 2024.

California - General

New Workplace Violence Prevention Requirements

Shaw Law Group, PC·

In this episode, Jen explains Senate Bill 553, which requires most California employers to create a Workplace Violence Prevention Plan and train their employees at least annually.

California - Fair Employment And Housing Act

Retaliation Claims Just Got Scarier

Shaw Law Group, PC·

Halloween season is a good time for spooky stories, so let’s talk about a subject that strikes fear in the hearts of employers everywhere: retaliation claims.

New York - Wage & Hour

With Increased New York Minimum Wage Come Modified Obligations Under State Wage Orders

Jackson Lewis P.C.·

The New York State Department of Labor (NYSDOL) has issued proposed regulations to align the state’s industry-specific wage requirements with the upcoming increases in the state minimum wage.

Massachusetts - General

Massachusetts Department of Paid Family and Medical Leave Revises Guidance on Topping Off Benefits With Accrued Paid Leave

Ogletree Deakins·

After several years of evolving guidance, the Massachusetts Department of Family and Medical Leave (DFML) has announced that starting November 1, 2023, employees who apply for paid family and medical leave (PFML) benefits directly through the state program will be able to supplement (or “top off”) t

California - General

SB 553 Workplace Violence Prevention: 12 Answers to Employers’ Frequently Asked Questions

Ogletree Deakins·

Workplace safety and health hazards have traditionally been associated with unsafe work practices and hazardous conditions but violent acts committed in the workplace are a growing concern.

California - General

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Littler·

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use. One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other will limit employer actions based on positive marijuana drug tests.

California - General

Calling all California Employers! The Latest Employment Laws from the Golden State

Littler·

California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2024 unless otherwise noted. This Insight includes highlights of new laws affecting empl

California - General

Navigating Employee Vacation Pay and Accrual in California: A Guide for Employers

CDF Labor Law LLP·

As reported in last month’s CDF Wage & Hour Task Force blog post, a recent Ninth Circuit panel in Harstein v. Hyatt Corporation, held that employees who were “laid off” at the beginning of the COVID-19 pandemic, March 2020, were entitled to payment for accrued vacation time at the time of the lay-of

Minnesota - General

Minnesota’s New Paid Sick and Safe Leave Law: For Some Employers, There Is a Forty-Eight Hours Solution

Ogletree Deakins·

Minnesota recently enacted a statewide paid sick and safe time leave law that will become effective on January 1, 2024.

California - Fair Employment And Housing Act

California Imposes New Discovery Requirement: Initial Disclosures

Ogletree Deakins·

On September 30, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 235, which adds new rules for initial disclosures of information in discovery.

California - Wage & Hour

California’s New Paid Sick Leave Mandate

Shaw Law Group, PC·

In this episode, Jen and Shaw Law Group’s advice attorney Melissa Whitehead discuss California’s new paid sick leave requirements.

Illinois - General

Illinois Labor Disputes Act Amended

Jackson Lewis P.C.·

Illinois has enacted two amendments to its Labor Disputes Act (820 ILCS 5). The first, HB 2907 ( P.A. 103-0040 ), limits the amount of monetary damages an employer can recover stemming from a labor dispute. The second, HB 3396 ( P.A. 103-0045 ), makes it a Class A misdemeanor with a minimum fine of

New York - Human Rights Law

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

Littler·

Second Circuit holds that “factor other than sex” affirmative defense to Equal Pay Act claim does not need to be job-related. New York Labor Law § 194(1)’s “ bona fide factor other than status within one or more protected class or classes” defense does require

California - General

California Raises Health Care Minimum Wage, Expands to Affect More Positions

Littler·

SB 525 will ultimately increase the minimum wage for health care workers to $25/hr. Law expands definition of employees who will be considered health care workers for coverage purposes. Law allows waiver for certain covered health care employers who claim they cannot comply with

New York - Wage & Hour

New York City's Final Rules on Safe and Sick Time Become Effective

Jackson Lewis P.C.·

On September 15, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a final rule (“Final Rule”) on the City’s Earned Safe and Sick Time Act (“ESSTA”).

California - Wage & Hour

California Raises Software Employee Pay Minimums for Overtime Exemption

Ogletree Deakins·

Beginning January 1, 2024, California employees may have to pay overtime to more computer software employees who earn less than $115,763.35 per year, or $55.58 per hour, or $9,646.96 per month.

Washington State - Wage & Hour

Washington State to Raise Minimum Wage and Exempt Salary Threshold in 2024

Ogletree Deakins·

Effective January 1, 2024, the minimum wage rate in Washington State will increase to $16.28 per hour for employees sixteen years of age and older, the Washington State Department of Labor and Industries announced on September 29, 2023.

California - Restrictive Covenants

California Enacts the Nail in the Coffin of Non-Compete Agreements

Shaw Law Group, PC·

California law makes void any contract “by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind,” including non-compete agreements. (Business & Professions Code § 16600.) Non-compete agreements are enforceable in only three limited circumstances: the sale o

California - General

California Serves Up Another Headache for the Restaurant Industry

FordHarrison·

Executive Summary : Beginning January 1, 2024, restaurant employers in California will be required to pay their workers for all costs associated with obtaining a food handler card, including treating the time spent obtaining the certification as hours worked. The new law will also require employers