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ten most recent state employment law articles Ten Most Recent State Law Articles

Governor of Puerto Rico Extends Curfew and Expands List of Businesses Allowed to Reopen

Littler Mendelson, P.C. • May 26, 2020
As part of the ongoing plan to restart Puerto Rico’s economy, on May 21, 2020, Puerto Rico Governor Hon. Wanda Vazquez-Garced issued Executive Order 2020-041 (“EO” or the “Order”). Among other things, the Order, which takes effect on May 26, 2020, expands the list of businesses and commercial activities that were allowed to reopen pursuant to the prior Executive Order issued on May 4, 2020. EO 2020-041 also extends the lockdown and curfew measures until June 15, 2020.

NY Agencies Issue Joint Guidance on COVID-19 Paid Leave for Health Care Workers

Littler Mendelson, P.C. • May 26, 2020
On May 17, 2020, the New York Department of Health (NY DOH) and the New York Department of Labor (NY DOL) issued joint Guidance pertaining to an employer’s obligation under the New York State COVID-19 Sick Leave Law (“the Law”) to provide paid sick leave to “health care employees.”

Orange County Amends Its Re-Opening Guidance Regarding Offices-Based Businesses

Jackson Lewis P.C. • May 26, 2020
On May 4th, Governor Newsom issued a new executive order allowing for limited reopening of certain businesses. This initial allowance for re-opening was part of the State’s larger staged plan referred to as the “Resilience Roadmap.” The Governor’s plan identified that the State was in the early part of Stage 2 but set out guidance for counties to seek variances based on criteria set by the California Department of Public Health.

The Open Texas Plan: Expanding Phase 2 of the Governor’s COVID-19 Reopening Plan

Littler Mendelson, P.C. • May 26, 2020
Last month, Texas Governor Greg Abbott issued Executive Order GA-18 (GA-18) regarding the reopening of Texas businesses during the COVID-19 crisis. GA-18 was part of the Governor’s 3-phase plan for reopening the state and was issued in tandem with a report entitled Texans Helping Texans: The Governor's Report to Open Texas.

Illinois Dept. of Revenue Releases Final 2019 Cook County Equalization Factor

Franczek Radelet P.C • May 26, 2020
The Illinois Department of Revenue has released the final 2019 Cook County equalization factor. The factor (sometimes referred to as the multiplier) for 2019 is 2.9160. The press release from the Department of Revenue is available here.

Virginia Governor Signs Marijuana Decriminalization Law Containing Employment-Related Provisions

Littler Mendelson, P.C. • May 25, 2020
On May 21, 2020, Virginia Governor Ralph Northam signed legislation (HB 972/SB 2) to decriminalize simple marijuana possession and prohibit employers from requiring applicants to disclose information related to past criminal charges for such possession. The law will take effect July 1, 2020.

LA OKs Reopening Protocols For Lower-Risk Businesses, While Most Safer-At-Home Directives Persist

Carothers DiSante & Freudenberger LLP • May 25, 2020
The City and County of Los Angeles have each begun to ease into “Stage 2” of their “Roadmap To Recovery” by revising their “Safer at Home” orders progressively over the course of the last ten days. The mayoral and county public health orders continue to maintain that everyone living within LA (City and County) is to remain in their homes “as much as possible,” and should telework or work from home as much as possible, where feasible. The County order (revised yesterday) expressly states that people 65 or older and all people of any age who have active or unstable pre-existing health conditions “should remain in their residences” (unless seeking medical treatment or obtaining food and necessities), and “strongly recommends that employers offer telework or other accommodations to persons who are age 65 or older and” those with “pre-existing health conditions.”

The State of California Submits Opening Brief in Appeal Over AB 51 Injunction, Arguing FAA Preemption Does Not Apply

Jackson Lewis P.C. • May 25, 2020
On January 31, 2020, a U.S. District Court preliminarily enjoined the enforcement of Assembly Bill 51 (AB 51) against arbitration agreements governed by the Federal Arbitration Act (FAA). As enacted, AB 51 would prohibit employers from conditioning employment (including continued employment) or employment-related benefits on an individual signing a mandatory arbitration agreement for disputes arising under the California Fair Employment and Housing Act or the California Labor Code. The State of California (“the State”) appealed the District Court’s decision to the Ninth Circuit Court of Appeals.

Chicago Fair Workweek Ordinance Will Go into Effect With Delay in Private Cause of Action

Franczek Radelet P.C • May 25, 2020
City Council approved an amendment to the Chicago Fair Workweek Ordinance to temporarily protect employers from lawsuits. Although the substantive requirements of the Ordinance will still go into effect on July 1, 2020 as scheduled and may still be enforced by the City, individual employees will not be allowed to file lawsuits for violations of the ordinance occurring before January 1, 2021. For safety-net hospitals, the ordinance will still go into effect on January 1, 2021 as originally scheduled.

Chicago Approves Landmark COVID-19 Anti-Retaliation Ordinance

Franczek Radelet P.C • May 25, 2020
This week, the Chicago City Council approved an Ordinance ensuring that “Covered Employees” can remain at home for COVID-19 related reasons without fear of being fired, even if they have exhausted any legally-mandated or employer-provided leave time.
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