State Employment Law Articles

The Colorado Protections of Public Workers Act extends NLRA Section 7-type rights to many public employees. The law does not, however, provide for a procedure for a representation election, create an employer obligation to recognize any labor organization for purposes of collective bargaining, or cr

New Florida legislation seeks to protect individuals from discrimination “based on health care choices” and bars COVID-19 mandates. The new law took effect on June 1, 2023.

New York’s threshold for a white-collar worker exemption is slated to be increased under legislation passed by the New York legislature last week. This requirement does not directly relate to New York’s salary threshold for white-collar exemptions under the New York Wage Orders, the pending increase

Montana Senate Bill 248 went into effect on June 1, 2023. This law allows student-athletes to earn compensation from Name, Image, and Likeness (NIL) endorsement deals and is part of a trend of NIL legislation being passed by states that allow student-athletes to monetize endorsement deals.

The Ninth Circuit gave short shrift to employees’ claims that an intermediary in the commerce of strawberries was responsible for paying the farmworkers’ wages under a creative legal theory that the intermediary was a “client employer” under California Labor Code section 2810.3. In Morales-Garcia v.

On May 24, 2023, Governor Tim Walz signed into law omnibus legislation that includes an amendment to Minnesota’s labor law that protects employees’ right to discuss the employees’ own wages. This amendment further defines the types of adverse action that an employer may not take against employees fo

On May 24, 2023, Governor Tim Walz signed into law legislation that adds a new section to the labor and employment law of Minnesota to prohibit employers from taking adverse employment action against employees who decline to attend employer-sponsored meetings regarding religious or political matters

Massive wildfires in Canada recently covered the northeast United States in a plume of smoke. On June 8, 2023, New York City’s Air Quality Index – the Environmental Protection Agency’s index for measuring and reporting air quality – reached a very hazardous level of 460 AQI. New York City’s

In a case of first impression, the U.S. District Court for the District of New Jersey found the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“the Act”) does not create a private right of action for individuals who believe their rights have been violated

On June 2, 2023, Colorado Governor Jared Polis signed into law Senate Bill 23-058 , the Job Application Fairness Act (JAFA), prohibiting employers from inquiring about a job applicant’s age during the hiring process.

Monumental changes to New York law on non-compete agreements appear imminent. On June 7, 2023, the New York State Senate approved two bills concerning non-compete agreements. The first, Bill No. S3100A, proposes a ban on all non-compete agreements, while the second, Bill No. S6748, proposes a limite

A recently passed Missouri bill included some amendments added at the last minute that may have significant implications for restrictive covenants—such as nonsolicitation and noninterference provisions—that are commonly used to protect legitimate business interests in the event of the purchase or sa

Colorado’s POWR Act discards the “severe or pervasive” standard for harassment claims, lowering the standard for such claims in Colorado. The law also adds multiple conditions an employer must meet to enter into a nondisclosure agreement with employees. Employers must also comply with robust record-

Washington Paid Family and Medical Leave Act has been amended to, among other changes, provide employers with access to claim information that may be helpful in administering concurrent leave and supplemental benefit programs. Washington Minimum Wage Act has been amended to require payment of standa

The requirement for covered public accommodations facilities in Nevada’s Clark and Washoe Counties to provide paid time off for employees experiencing COVID-19 symptoms or who have been exposed to COVID-19 expired May 17, 2023. The requirement ended when Governor Joe Lombardo signed Senate Bill No.

The New York State Legislature passed Senate Bill 5640 / Assembly Bill 6829 on June 6, 2023, which, if the governor signs, would amend the Labor Law and add a new section 203-f, regulating the use and enforceability of invention assignment agreements. In a standard invention assignment agreement, th

The pay transparency trend has reached Illinois. House Bill 3129 amends the Illinois Equal Pay Act of 2003 by requiring employers with at least fifteen employees to include the pay scale and benefits in any job posting by January 1, 2025.

On May 30, 2023, the Texas Legislature sent legislation to Governor Greg Abbott that will require employers in Texas to post notice to employees about reporting instances of workplace violence or suspicious activity. The legislation is expected to receive final approval in the coming days.

On June 7, 2023, a law providing expanded protections for breastfeeding employees in New York took effect. The law applies to all public and private employers in the state, regardless of size.