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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Illinois - Wage & Hour

Evanston, Illinois, Extends Schedule Protection Rights to Hourly Workers

Ogletree Deakins·

The city of Evanston, Illinois, recently enacted the Fair Workweek Ordinance (24-O-23), expanding hourly workers’ rights to predictable scheduling across multiple industries, including hospitality, food service and restaurants, retail, warehouse services, manufacturing, and building services.

Puerto Rico

Amendments to Puerto Rico’s Act 54 on Domestic Violence Will Impact Employer Policies

Littler·

The governor of Puerto Rico recently signed into law amendments to Act No. 54 of August 15, 1989, “Act for the Prevention and Intervention with Domestic Violence.” The amendments include “economic violence” as a form of domestic violence, and provide additional remedies for addressing this specific

California - General

California Legislature Advances Employment Law Bills in Final Weeks of Session

Ogletree Deakins·

As the September 14, 2023, deadline to pass bills during the current session of the California Legislature fast approaches, the California Senate and Assembly are considering several employment law bills. Many are likely to pass. Below is a summary of some of the more significant bills.

California - General

California’s Workplace Violence Prevention Bill Passes Assembly Appropriations Committee With New Amendments

Ogletree Deakins·

On August 28, 2023, California State Senator Dave Cortese (D-15) announced last-minute amendments to Senate Bill (SB) No. 553. SB 553, if enacted, would require virtually every employer in California to adopt comprehensive workplace violence prevention plans, starting on July 1, 2024.

Texas

Texas District Court Declares State Preemption Law Unconstitutional. What Now?

Littler·

The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law. The Texas Regulatory Consistency Act (or HB 2127), known by critics as the Death Star Bill, was scheduled

California - General

On The Horizon: California Bill Seeks To Ban Caste-Based Discrimination

CDF Labor Law LLP·

By: On The Horizon: California Bill Seeks To Ban Caste-Based Discrimination California is likely to become the first state to explicitly ban caste-based discrimination in the context of employment, housing, and public schools. SB 403 seeks to amend the Fair Employment and Housing Act (FEHA), along w

Puerto Rico

Will the FLSA Regulations for Exempt Employees Apply to Puerto Rico Operations?

Littler·

On August 30, 2023, the United States Department of Labor, Wage and Hour Division, released a Notice of Proposed Rulemaking (NPRM) to update and revise the regulations under the federal Fair Labor Standards Act regarding exemptions from minimum wage and overtime pay requirements for executive, admin

Missouri - General

Missouri’s Hands-Free Law Takes Effect, Prohibiting Handheld Cell Phone Use While Driving

Ogletree Deakins·

Missouri's Siddens Bening Hands Free Law went into effect on August 28, 2023. The new law prohibits the use of cell phones and other handheld devices while driving on any highway or public roadway in Missouri.

New York - Human Rights Law

NYSHRL’s Source of Income Discrimination Statute Unconstitutional

Goldberg Segalla·

In a recent legal development, a New York State Supreme Court ruled that the source-of-income anti-discrimination statute within the New York State Human Rights Law (NYSHRL) is unconstitutional, citing a violation of the Fourth Amendment of the U.S. Constitution.

New York - Workers' Compensation

Fraud Doesn’t Pay in New York – August 2023 Update

Goldberg Segalla·

AN OVERVIEW OF RECENT DECISIONS DEMONSTRATING THE BOARD’S ATTITUDE TOWARD 114-A

California - General

California Changes Background Check Procedures

Ogletree Deakins·

The California Civil Rights Council recently amended the regulations interpreting California’s 2018 Fair Chance Act, which go into effect October 1, 2023. The new regulations add restrictions, make clarifications, and significantly change the California background check process.

New York - Wage & Hour

Reminder: New York State Pay Transparency Obligations Take Effect Sept. 17

Jackson Lewis P.C.·

Employers are reminded that the New York State Pay Transparency Law goes into effect Sept. 17, 2023. Covered employers in New York State will have new pay transparency obligations related to job advertisements.

Florida - General

Inching Forward Toward Potential Clarification of Florida’s Individual Freedom Act (the “Stop-W.O.K.E.” Law)

Littler·

On August 24, 2023, over a year after Florida’s Individual Freedom Act (IFA) (commonly referred to as the “Stop-W.O.K.E.” law) went into effect , and about one year after a Florida federal court partially enjoined the new law, a three-judge panel for the U.S.

Illinois - General

Emergency Rules Clarify Recent Amendments to the Illinois Day & Temporary Labor Services Act

Littler·

On August 7, 2023, the Illinois Department of Labor (IDOL) filed Emergency Rules to implement amendments to the Illinois Day and Temporary Labor Services Act (Act). The Emergency Rules took effect immediately. The amendments strengthen equal pay rights, safety and training requirements and other pro

Nevada - General

The Heat Is On: Nevada OSHA’s Proposed Heat Illness Prevention Regulation

Ogletree Deakins·

The Nevada Occupational Safety and Health Administration (Nevada OSHA) seeks to implement a new regulation aimed at preventing heat-related illnesses and ensuring the well-being of workers in the state. While this regulation did not pass during the 2023 legislative session, it may still be brought d

California - General

California Supreme Court’s Expansion of “Employer” under FEHA Could Have Implications for AI Regulation

Littler·

The California Supreme Court issued a ruling this week that expands the definition of employer under the state’s main discrimination statute, the Fair Employment and Housing Act (FEHA). This expansion not only increases the number of defendants that can be swept into a FEHA action, but it may also

California - General

California’s FEHA Liability Extends to Service Providers

CDF Labor Law LLP·

By: California’s FEHA Liability Extends to Service Providers A recent unanimous California Supreme Court decision makes clear that when third-party entities provide services to employers with California applicants and/or employees, they may risk being held liable under the FEHA. Employer Liability U

Minnesota - General

Minnesota Department of Labor and Industry Issues Inflation-Adjusted Wage Rates for 2024

Ogletree Deakins·

On August 23, 2023, the Minnesota Department of Labor and Industry (DLI) announced that minimum wage rates will be adjusted for inflation and increase 2.5 percent on January 1, 2024.

California - Cal/OSHA

Cal/OSHA Standards Board Receives More Public Comments on Proposed Indoor Heat Illness Prevention Standard

Ogletree Deakins·

On August 17, 2023, the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board held its monthly meeting and received public comments on the proposed indoor heat illness prevention standard. Multiple stakeholders expressed concerns about the proposed regulation’s overbroad s

Hawaii

Hawaii Wildfires: The Need for Disaster Preparedness … Just in Time for Peak Hurricane Season

Ogletree Deakins·

The Hawaiian island of Maui has been ravaged by unprecedented and quickly moving wildfires, which have taken a particular toll on hospitality employers. As the U.S. enters peak hurricane season, the Hawaiian and Canadian wildfires and the flooding caused by the recent California tropical storm serve