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 - General

Illinois Federal Judge Says Privacy Act Damages Are Discretionary, Vacates $228M Award

Ogletree Deakins·

A federal judge in the Northern District of Illinois vacated a $228 million damages award issued following the first-ever jury verdict in an Illinois Biometric Information Privacy Act (Privacy Act or BIPA) class action and ordered a new trial on the issue of damages. However, in doing so, the judge

California - General

California Supreme Court Holds Employee Retains Standing for Non-Individual PAGA Claims in Court

Jackson Lewis P.C.·

The California Supreme Court held that when a court compels an employee to arbitrate their “individual” Labor Code Private Attorneys General Act (PAGA) claims, the employee retains statutory standing to pursue “non-individual” PAGA claims on behalf of other allegedly aggrieved employees in court. Ad

California - General

The California Supreme Court Issues Ruling on PAGA Standing

Shaw Law Group, PC·

The California Supreme Court has now issued its long-awaited ruling in Adolph v. Uber Technologies, Inc. (Read the full opinion here .) We previously posted about the significance of this anticipated ruling here and here .

California - General

California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

Littler·

The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of other alleged aggrieved employees in court despite being bound to arbitrate their individual PAGA

California - Cal/OSHA

California Supreme Court Holds Employers Do Not Owe Duty of Care to Prevent the Spread of COVID-19 Outside the Workplace

Ogletree Deakins·

The Supreme Court of California recently held that the California Workers’ Compensation Act does not bar an employee’s spouse from bringing a negligence claim against the employer where the employee contracts COVID-19 at the workplace and brings the virus home to the employee’s spouse. The court als

Florida - General

Florida’s SB 1718 Faces Its First Legal Challenges

Ogletree Deakins·

Florida’s Senate Bill (SB) 1718 went into effect on July 1, 2023. One section of the new law—which criminalized the transport into the State of Florida of individuals who entered the United States without inspection—now faces a legal challenge.

Wisconsin - General

Formal Medical Diagnosis Not Required at Time of Wisconsin Fair Employment Act Accommodation Request, State Court Rules

Ogletree Deakins·

In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at the time of an employee’s request for accommodation is not required to raise

California - General

California Supreme Court Declines to Impose Tort Duty on Employers to Prevent Spread of COVID-19 to Employees’ Households

CDF Labor Law LLP·

The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory Woodworks, Inc., the Court held that although claims brought by an employee’s famil

California - General

Newsom Revives the California Industrial Welfare Commission After Almost 20 Years 

CDF Labor Law LLP·

By: Newsom Revives the California Industrial Welfare Commission After Almost 20 Years By: Newsom Revives the California Industrial Welfare Commission After Almost 20 Years On July 10, 2023, Governor Gavin Newsom signed Assembly Bill 102 into law (“AB 102”). This is the first time in almost 20 years

Florida - General

Florida Agency Provides Some Guidance on State’s New Immigration Law (SB1718)

Littler·

The state of Florida recently enacted legislation that will have a significant impact on employers across the state. Senate Bill 1718 (SB1718), which Governor Ron DeSantis signed into law on May 10, 2023, requires private employers with 25 or more employees to use E-Verify for all new hires, effecti

Connecticut - General

Connecticut Offers Health Insurance Option to Striking Employees

Littler·

While President Biden says he is the most pro-union president in history, many legislators in Connecticut seem determined to make theirs one of the most pro-union states. Although proponents have failed so far in annual efforts to make strikers eligible for unemployment compensation benefits, they h

Colorado - General

Colorado Court of Appeals Decision Underscores How Employer’s Prior Breach of an Employment Agreement May Excuse an Employee from Complying with Post-Employment Obligations

Littler·

In a recent decision, the Colorado Court of Appeals affirmed a lower court’s ruling that a former executive for a credit-card processing company did not breach his employment agreement when he poached company clients, because the company materially breached the employment agreement first. Accordingl

Connecticut - General

Connecticut Imposes Mandatory Staffing Committees on CT Hospitals

Littler·

While new Connecticut legislation stops short of prescribing specific staffing ratios, it mandates specific requirements for nurse staffing committees. The Department of Public Health will oversee hospital compliance and assess fines for violations. The legislation affects both unionized and non-uni

California - General

The Return of the Industrial Welfare Commission

Shaw Law Group, PC·

On July 10, 2023, Governor Newsome signed over 20 budget-related bills, which go into effect immediately. One of those bills ( AB 102 ) includes funding for the defunct Industrial Welfare Commission (“IWC”).

California - Cal/OSHA

California Supreme Court Limits Employer Liability for COVID-19 Infections in Employee Households

Shaw Law Group, PC·

Since the beginning of the COVID-19 pandemic, employers have often asked about the limits of liability for workplace COVID-19 infections that spread to family members. Last week, the California Supreme Court gave us answers.

Maine

Maine Enacts New Paid Family and Medical Leave Act

Jackson Lewis P.C.·

Beginning May 1, 2026, Maine’s new paid family leave law will allow Maine employees up to 12 weeks of family and medical leave benefits over a one-year period.

New York - Wage & Hour

New York City’s New Pay Protections for App-Based Restaurant Delivery Workers Are Stayed

Jackson Lewis P.C.·

New York City was on track to becoming the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. However, the new law, which was scheduled to go into effect July 12, 2023, has been stayed by New York State Supreme Court Judge Nicholas Moyne.

Maine

Maine Legislative Roundup: New Employment Laws Were Enacted This Session

Littler·

The First Special Session of the 131st Maine Legislature included debate about more than 2,000 bills. Many that were adopted will impact employers in the Pine Tree State. Below is a brief summary of important employment law changes enacted this session. An Act to Create the Maine Paid Family

Puerto Rico

Supreme Court of Puerto Rico Rules PR-DOL Christmas Bonus Exemption Decree Was Inapplicable to Unionized Employees

Littler·

On June 30, 2023, the Supreme Court of Puerto Rico issued an Opinion and Order interpreting an employer’s obligation to pay the Christmas Bonus to employees covered by a Collective Bargaining Agreement (CBA). Writing for the Court, Judge Rafael Martínez Torres reasoned that because the Puerto Rico D

Georgia - General

Georgia Appellate Court Says Employee Nonsolicitation Covenant Not Enforceable Without Express Geographic Limitation

Ogletree Deakins·

In a recent decision, a Georgia appellate panel held that an employee nonsolicitation covenant that limits what parties can do following the end of a business relationship must have an explicit geographic limitation to be enforceable under state law.