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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North Carolina - Wage & Hour

North Carolina’s New State Budget Makes Changes to Occupational Safety and Health Rules and Bars Local Wage Payment Laws

Ogletree Deakins·

On September 22, 2023, the North Carolina General Assembly approved a budget for the period from July 1, 2023, through June 20, 2025. After its passage, Governor Roy Cooper announced that he would allow the budget to become law without his signature.

California - General

California Workplace Violence Restraining Order Law Expanded to Protect Against Harassment

Ogletree Deakins·

California Governor Gavin Newsom signed Senate Bill (SB) No. 428 on September 30, 2023. The new law expands California’s workplace violence restraining order law to protect against certain kinds of workplace harassment as well. SB 428 does not take effect until January 1, 2025.

California - Wage & Hour

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

CDF Labor Law LLP·

By: Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately By: Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immed

California - General

California’s New Background Check Regulations: 10 Frequently Asked Questions

Ogletree Deakins·

California has implemented new regulations, effective October 1, 2023, that significantly change the employer criminal background check process for California applicants and employees. The following answers to ten frequently asked questions provide an explanation of how California’s new regulations

Hawaii

IRS Provides Guidance on PTO Donation Programs to Aid Victims of Hawaii Wildfires

Ogletree Deakins·

On September 28, 2023, the Internal Revenue Service (IRS) issued updated guidance for employers that have adopted or are considering leave-based programs that allow employees to donate sick, vacation, or personal leave to their employers to make donations to charitable organizations helping those af

California - General

Governor Newsom Signs Into Law Comprehensive Workplace Violence Prevention Legislation

Ogletree Deakins·

On September 30, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 553, which requires virtually every California employer to take steps to prevent or respond to workplace violence.

California - General

Reminder: October 1 New Requirements For Considering Criminal History in Employment

CDF Labor Law LLP·

On October 1, 2023, changes to the Fair Employment and Housing Act regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of Regulations Title 2, Section 11017.1. These revised regulations add to the already

California - General

Employers Beware - Deadline for Payment of Arbitration Fees Strictly Construed

CDF Labor Law LLP·

California employers should be extremely cautious about timely paying arbitration fees or could pay the price – waiving their right to arbitrate and having to proceed in court. The California Legislature and courts have long been hostile to arbitration agreements. In 2019, the California Legislature

New York - Wage & Hour

New York Issues Guidance, Proposes Regulations on Newly Effective Pay Transparency Requirements

Jackson Lewis P.C.·

Pay transparency obligations are in effect in New York State, and the state Department of Labor has issued employer guidance and proposed regulations.

New York - General

New York Department of Health Sets New Due Dates for Submission of Home Care Worker Wage Parity Compliance Certifications and Statements

Littler·

On September 21, 2023, the New York Department of Health (DOH) issued guidance addressing the due dates for Medicaid Managed Care Organizations (MMCOs), Certified Home Health Agencies (CHHAs), Licensed Home Care Services Agencies (LHCSAs), and Fiscal Intermediaries (FIs) to submit various Home Care

New York - General

New York City Amends Safe and Sick Time Regulations

Littler·

New York City adopted changes to its sick and safe time regulations, effective October 15, 2023. The changes clarify coverage issues for telecommuters and hybrid employees, employer headcount and coverage thresholds, and advance notice and documentation requirements. Additionally, the changes clarif

New York - General

Watch Out New York – New Jersey Wants Its Taxes Too!

Littler·

On July 21, 2023, New Jersey Governor Phil Murphy signed Assembly Bill No. S3128/A4694 into law,1 which implements an aggressive tax treatment of nonresidents who work for New Jersey employers.

Rhode Island

Rhode Island’s Amended Payment of Wages Act Now Imposes Felony Penalties on Employers

Littler·

Rhode Island law taking effect January 1, 2024 will impose criminal penalties on employers for knowing and willful wage and hour violations. The law also includes harsher penalties for employers generally, and those in the construction industry specifically, that misclassify workers as independent c

New York - General

New York Proposes Regulations Clarifying Job Posting Pay Range Disclosures Under New Law

Ogletree Deakins·

Just days before New York State’s pay transparency law went into effect, the state labor department unveiled new proposed regulations that seek to clarify employers’ obligations under the new law.

Massachusetts - Restrictive Covenants

U.S. District Court in Massachusetts Weighs in on the ‘Material Change’ Doctrine and Nurse Noncompetition Exemption

Ogletree Deakins·

A recent ruling by the U.S. District Court for the District of Massachusetts in a restrictive covenant case, Ascend Learning, LLC v. Bryan and SPIN-Learning, LLC , No. 22-cv-11978 (August 16, 2023), has implications for the “material change” doctrine under Massachusetts law, the state’s prohibition

New York - Wage & Hour

New York State Proposes Regulations for Pay Transparency in Job Advertisements

Littler·

NY Department of Labor has published proposed regulations governing the state’s salary transparency law, which took effect September 17, 2023. Law requires employers to post salary ranges in job advertisements for positions that will be performed, in whole or in part, in New York,

Georgia - Restrictive Covenants

Georgia Courts May Not Apply Foreign Law to Restrictive Covenants That Do Not Comply with the Georgia Restrictive Covenants Act

Littler·

On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision.

New York - Wage & Hour

New York State Department of Labor Releases Proposed Pay Transparency Regulations

Goldberg Segalla·

On September 13, 2023, the NY DOL released proposed pay transparency regulations.

Connecticut - Workers' Compensation

Is a Workers’ Compensation Claimant Entitled to Temporary Total Indemnity Benefits after Retirement in Connecticut?

Goldberg Segalla·

Under Conn. Gen. Stat. § 31-307 (a), in order for a claimant to be entitled to temporary total indemnity benefits, his injury must result in a total incapacity to work, defined as “the inability of the employee, because of his injuries , to work at his customary calling or at any other occupation he

Georgia - Restrictive Covenants

Noncompete News: The More Things Change, the More They Remain the Same: Georgia Supreme Court Addresses Choice of Law Provisions in Noncompete Context

FordHarrison·

Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law controlled (choice-of-law provision). So, too, Georgia’s law has long distingu