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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Massachusetts - Anti-Discrimination Statute

Massachusetts SJC Holds That COVID-19–Related Tolling Does Not Extend Time to File a Complaint at the MCAD

Ogletree Deakins·

On July 11, 2023, the Massachusetts Supreme Judicial Court (SJC) declined to extend its early COVID-19 emergency orders to the time limits established for filing a complaint with the Massachusetts Commission Against Discrimination (MCAD).

Texas

Texas’s HB 2127 ‘Death Star’ Law Doesn’t Strike Back Against Employers’ Workplace Safety and Health Responsibilities

Ogletree Deakins·

On June 14, 2023, Texas Governor Greg Abbott signed into law House Bill No. 2127, the Texas Regulatory Consistency Act—a measure that his opponents have dubbed the “Death Star” law. The law will go into effect on September 1, 2023.

Illinois - Restrictive Covenants

Claim Employer Exaggerated Scope of Noncompete Survives Motion to Dismiss in Illinois Federal Court

Ogletree Deakins·

In a recent decision, a federal trial court in Illinois allowed an employee’s tortious interference claim to continue against his former employer alleging it had exaggerated the reach of a noncompete agreement that he had signed. The case highlights that employers may need to be cautious about actua

Georgia - General

Georgia Court of Appeals Invalidates Employee Non-Solicitation Provisions Without Geographic Limits

Jackson Lewis P.C.·

Amid the recent backlash to restrictive covenants across the country, a Georgia Court of Appeals has held that employee non-solicitation provisions must include a geographic limit to be enforceable. North American Senior Benefits v. Wimmer , No. A23A0162 (June 13, 2023).

Connecticut - Wage & Hour

Connecticut Expands Permitted Uses of Paid Sick Leave for Service Workers

Jackson Lewis P.C.·

Connecticut Governor Ned Lamont has signed a new law that will expand the circumstances in which service workers in Connecticut can use state-mandated paid sick leave. The new law goes into effect October 1, 2023.

New York - NY WARN

Updated New York WARN Act Regulations Address Post-Pandemic Environment, Add Employer Obligations

Jackson Lewis P.C.·

The New York State Department of Labor (NYSDOL) has released amended New York State Worker Adjustment and Retraining Act (NYS WARN) Regulations that, in large part, respond to the unique issues presented during the COVID-19 pandemic relating to employers’ provision of fewer than 90 days of notice, t

Georgia - Restrictive Covenants

Georgia Court of Appeals: Non-Solicitation-of-Employees Covenant Must Contain Express Geographic Limitation

Littler·

The Georgia Court of Appeals recently provided important clarification of the requirements for non-recruitment covenants under Georgia’s 2011 Restrictive Covenants Act. In North American Senior Benefits, LLC v. Wimmer , 2023 WL 3963931 (Ga Ct. App. June 12, 2023), the court held that an employee non

New Jersey - General

New Jersey Law Further Expands Striking Workers’ Eligibility for Unemployment Benefits

Ogletree Deakins·

On April 24, 2023, New Jersey Governor Phil Murphy signed legislation further expanding the circumstances under which striking workers can collect unemployment insurance (UI) benefits.

Connecticut - General

Connecticut Employers Have New Burdens, Avoid Others, Following 2023 Legislative Session

Littler·

While significant bills impacting Connecticut employers were signed into law, proposed employer mandates on pay transparency, paid sick leave, and predictive scheduling failed to gain the necessary votes for passage in 2023. Here are some of the year’s notable legislative developments. What Passed .

California - General

A Little Breathing Room to Figure Out Your CPRA Obligations

Shaw Law Group, PC·

If you’re a business subject to the California Privacy Rights Act (CPRA), the last few months have been incredibly frustrating.

California - Cal/OSHA

CDPH Changes the Definition of “Outbreak” and Masking Recommendations

Shaw Law Group, PC·

Share Tweet Google Linkedin Print Mail On June 20, 2023, the California Department of Public Health (CDPH) revised its COVID-19 Public Health Officer Order for COVID-19 Disease Control & Prevention. The Agency changed the definition of “outbreak” in non-health care settings, and provided updated gui

Illinois - Wage & Hour

Illinois Bill Mandating Temp Workers Receive ‘Equal Pay’ Compared to Direct Hires Sent to Governor

Jackson Lewis P.C.·

A bill that substantially amends the Illinois Day and Temporary Labor Services Act (DTLSA) to impose expansive new duties on Illinois staffing agencies, and on all employers who rely on temporary and day laborers, has been sent to the governor for signature. Governor J.B. Pritzker is widely expected

D.C. - General

District of Columbia Cannabis Employment Protections Amendment Act Goes Live July 13

Jackson Lewis P.C.·

The District of Columbia is joining the increasing number of jurisdictions providing greater protections for private employees who use marijuana off-duty, during non-work hours. Such development remains in contrast with federal law, which still classifies marijuana as a controlled substance, prohibi

California - General

California Court Delays Enforcement of New CCPA Regulations Until March 2024

Ogletree Deakins·

In an unexpected turn of events, a California court postponed enforcement of the new California Consumer Privacy Act (CCPA) regulations until March 29, 2024. The court’s final decision came at the eleventh hour on June 30, 2023, just one day prior to the scheduled enforcement start date of July 1,

Nevada - Wage & Hour

Nevada Passes Legislation Creating Licensing Requirements for Earned Wage Access Providers

Littler·

On June 15, 2023, Nevada Governor Joe Lombardo signed SB 290, which requires early wage access (EWA) providers to obtain a license from the Commissioner of Financial Institutions. This is the first EWA law enacted by any state. Early Wage Access Generally

New York - General

NYC Department of Consumer and Worker Protection Issues Guidance on AI Regulations

Littler·

Two business days before the start of enforcement of NYC Local Law 144 of 2021 , the first-of-its kind law regulating the use of AEDTs (Automated Employment Decision Tools), the New York City Department of Consumer and Worker Protection (DCWP) released a set of Frequently Asked Questions (FAQs) .

Maine

Maine Poised to Enact Sweeping Paid Family and Medical Leave Law

Littler·

Maine is expected to join 13 other states and Washington, D.C. in implementing a paid family and medical leave program. Maine’s program, which will provide up to 12 weeks of paid leave per year, covers all eligible employees of private and public employers, except employees of the federal

New York - NY WARN

New York State Department of Labor Issues Final New York State WARN Act Updated Regulations

Ogletree Deakins·

On June 21, 2023, the New York State Department of Labor (NYSDOL) published updated regulations concerning the New York State Worker Adjustment and Retraining Notification Act (NYS WARN Act).

Rhode Island

Rhode Island Governor Signs Ban on Nondisclosure, Non-Disparagement Agreements

Ogletree Deakins·

Rhode Island Governor Daniel McKee has signed a bill that prohibits the use of nondisclosure or non-disparagement agreements regarding civil rights abuses “as a condition of employment.” According to a recent update to the legislature’s website, the bill was signed on June 22, 2023. Quick Hits The R

New York - General

New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools

Ogletree Deakins·

On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the July 5, 2023, effective date for final rules implementing the law.