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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Minnesota - General

Minnesota Lawmakers Pass Prospective Ban on Noncompete Provisions in Employment

Ogletree Deakins·

Minnesota is set to ban noncompete provisions in employment contracts as part of a new omnibus bill headed to Governor Tim Walz’s desk. The bill will have a significant impact on Minnesota employers by banning true employment noncompete provisions entered into on or after July 1, 2023, but this bill

Washington State - General

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler·

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington will join the growing list of states offering some workplace protections to

Florida - General

Florida to Require Employers to Use E-Verify

Jackson Lewis P.C.·

As of July 1, 2023, all private employers in Florida with 25 or more employees will be required to use E-Verify , the federal government’s database for verifying work authorization. Enforcement of this new E-Verify requirement will begin one year after enactment on July 1, 2024. These employers also

Colorado - General

The Public Health Emergency Has Ended; Colorado Employees May Use Public Health Emergency Leave for Three More Weeks

Ogletree Deakins·

The end of the public health emergency (PHE) began the sunsetting of the Colorado Healthy Families and Workplaces Act’s requirement for employers in Colorado to provide PHE leave stemming from the COVID-19 pandemic. This means that Colorado employees may use PHE leave through June 8, 2023.

Minnesota - General

Big Changes to Minnesota’s Employment Laws Are Coming Soon

Littler·

Omnibus jobs bill expected to be signed into law will entitle covered Minnesota employees to earned sick and safe leave, expand parental leave, ban non-compete agreements and mandatory employer-sponsored meetings, and increase protections for pregnancy and lactation. Many new entitlements will take

Minnesota - General

Minnesota Passes State-Wide Earned Sick and Safe Leave Law

Littler·

Minnesota’s Earned Sick and Safe Leave Law will entitle covered employees to earn up to 48 hours of paid leave for a variety of purposes per year. The new law, which takes effect on January 1, 2024, will not preempt local paid sick leave ordinances.

California - General

What is a Wage Order?

Shaw Law Group, PC·

In this episode, Jen explores the Industrial Welfare Commission’s Wage Orders and explains why employers must know which one(s) applies to their business.

Texas

Is Obesity a Disability Under Texas Law?

Ogletree Deakins·

In most parts of the country, courts have not considered obesity as a disability unless it is caused by an underlying health condition. In Texas, however, courts have reached a different conclusion, holding that obesity in itself may be a disability in some cases.

New York - General

New York City Council Approves Bill to Ban Employment Discrimination Based on Height and Weight

Ogletree Deakins·

On May 11, 2023, the New York City Council approved a bill to prohibit employment discrimination on the basis of an individual’s height or weight. The bill, Int. No. 209-A, was sent to Mayor Eric Adams for final approval following a 44–5 vote.

California - General

Discretion: The Better Part of Valor in Defending Against PAGA Claims 

CDF Labor Law LLP·

By: Discretion: The Better Part of Valor in Defending Against PAGA Claims Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana , employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General Ac

Minnesota - General

Minnesota to Ban Non-Compete Agreements Other Than Related to Sale, Dissolution of Business

Jackson Lewis P.C.·

Minnesota is close to enacting a near-total bar on the use of covenants not to compete. The Minnesota Legislature released a Conference Committee Report on the bill (MN SF 3035), which reflects the bill’s likely final form, on May 16, 2023.

Texas

Under SB 240, Texas Healthcare Facilities Will Be Required to Adopt Workplace Violence Prevention Plans by September 1, 2024

Ogletree Deakins·

The state of Texas that has developed a workplace violence prevention standard for healthcare settings. When signed into law, Senate Bill (SB) 240, aimed at reducing acts of workplace violence directed against healthcare providers, will require each health facility to adopt a written workplace viole

Florida - General

Florida Governor Signs Senate Bill 1718 Into Law

Ogletree Deakins·

On May 10, 2023, Governor Ron DeSantis signed into law Senate Bill (SB) 1718, immigration-related legislation that will require employers to use the E-Verify system and will impose criminal penalties on individuals transporting undocumented immigrants into Florida.

Illinois - General

Chicago Clarifies that its Anti-Harassment Law Applies to all Employers with Employees Working in Chicago

Littler·

Last year, the Chicago City Council amended the City’s sexual harassment ordinance for the express purpose of promoting zero tolerance of violence and harassment in the workplace.

Minnesota - General

As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

Littler·

Minnesota is expected to become the latest state to legalize recreational cannabis use. The legislative proposal in its current form would necessitate changes to employer drug-testing practices and policies. The bill would also limit adverse employment decisions based on off-duty cannabis use.

Colorado - General

Colorado Supplemental Sick Leave Relating to COVID-19 Ends in June 2023

Littler·

Since January 1, 2021, Colorado’s Healthy Families & Workplaces Act (HFWA) has required employers to provide up to 80 hours of supplemental public health emergency leave (“PHE leave”) for conditions relating to COVID-19. That obligation ends on June 9, 2023.

Hawaii

Hawaii Legislature Passes Pay Transparency, Pay Discrimination Bill

Ogletree Deakins·

On May 4, 2023, Hawaii lawmakers sent a bill to the governor that would require employers to disclose hourly pay rates or salaries in job listings and expand pay discrimination protections—which could make the Aloha State the latest state to enact a pay transparency law.

Florida - General

Florida’s Governor Signs Bill to Defund DEI Initiatives at Colleges

Littler·

Governor Ron DeSantis has signed Senate Bill (SB) 266, officially prohibiting the state’s public colleges and universities from spending state or federal money on programs or campus activities that advocate for Diversity, Equity, and Inclusion (DEI). The legislation aims to replace “niche subjects”

California - General

No Written Policy, No Email Monitoring Allowed in California

CDF Labor Law LLP·

In March, the Second District Court of Appeal published Militello v. VFarm 1509 . In that case, former business partners waged litigation against each other

Puerto Rico

Puerto Rico Five-Day Paid Leave for COVID-19 Ends as Governor Ends Related State of Emergency

Jackson Lewis P.C.·

The governor of Puerto Rico has issued Executive Order No. OE-2023-012 , ending the state of emergency declared in 2020 due to the pandemic caused by the Coronavirus (COVID-19) and repealing multiple Executive Orders issued to adopt preventive measures because of COVID-19. OE-2023-012, signed on May