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

Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers

Jackson Lewis P.C. • May 22, 2019
Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S. Xpress.

Required OSHA and Safety Training in NYC Extended … Again

Goldberg Segalla LLP • May 22, 2019
New York City takes its approach to safety for its construction workers seriously. At least that’s the idea. In 2017, New York City Council members approved Local Law 196.

Amendments Would Add Clarity To Texas Anti-SLAPP Law

Littler Mendelson, P.C. • May 22, 2019
Significant changes to the Texas Citizens Participation Act, or TCPA, are on the horizon. Among other things, if signed into law by the governor, the amendments to the TCPA found in House Bill 2730 may provide some new statutory construction arguments to parties who believe the statute should be more narrowly construed to focus on the protection of freedom of speech and association that involve matters of public concern, akin to similar laws in other jurisdictions.

Wage Theft to Be a Felony Under New Colorado Law

XpertHR • May 22, 2019
Effective January 1, 2020, Colorado employers will face criminal penalties if they willfully fail to pay wages exceeding $2,000. Under current law, an employer that refuses to pay a wage claim is guilty of a misdemeanor and faces only minor fines.

Tennessee Expands Anti-Bullying Law to Private Employers

Littler Mendelson, P.C. • May 22, 2019
Tennessee recently amended its Healthy Workplace Act (Act), which seeks to prevent abusive conduct at work, to cover private employers. Enacted in 2014, the Act previously applied only to public employers. The amendment, which extends the Act’s provisions to the private sector, took effect immediately when Governor Bill Lee signed the bill into law on April 23, 2019.

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

Ogletree Deakins • May 21, 2019
In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for the payment of home health aides working 24-hour shifts. Under this rule, an employer may pay home health aides for only 13 hours of a 24-hour shift if the aides receive at least 3 hours of meal break time and at least 8 hours of sleep (at least 5 of which must be uninterrupted).

Connecticut to Join the Increasing Number of States Enacting a $15 Minimum Wage Law

Jackson Lewis P.C. • May 21, 2019
With Governor Ed Lamont pledging to sign it into law, Connecticut will become the latest state to pass a $15.00 per hour minimum wage bill joining, among other states, its Northeast neighbors New York, New Jersey and Massachusetts, in doing so.

Westchester County Adopts Safe Time Law

Jackson Lewis P.C. • May 21, 2019
On May 3, 2019, Westchester County Executive George Latimer formally signed into law the County’s Safe Time Leave for Victims of Domestic Violence and Human Trafficking Law (“Safe Time Law”), which provides eligible employees who are victims of domestic violence or human trafficking with up to 40 hours of paid leave in a calendar year to attend criminal and civil court proceedings and/or relocate to a safe location. The Safe Time Law becomes effective in 180 days from adoption, which is in late October 2019.

Non-Minneapolis Employers Must Comply With Minneapolis Paid Sick Leave Law, Appeals Court Rules

Jackson Lewis P.C. • May 21, 2019
Minneapolis’ Sick and Safe Ordinance extends to any employee who performs at least 80 hours of work per benefit year in the City of Minneapolis, even if his or her employer is not located within the city’s limits, the Minnesota Court of Appeals has held. Minnesota Chamber of Commerce v. Minneapolis, No. A18-0771 (Apr. 29, 2019). This significant ruling stretches Minneapolis-imposed requirements to non-Minneapolis employers, including — in some instances — requiring them to provide paid time off to their employees.

Connecticut the Latest State to Increase the Statewide Minimum Wage to $15 per Hour

Littler Mendelson, P.C. • May 20, 2019
On May 17, 2019, Connecticut lawmakers passed House Bill 5004, “An Act Increasing the Minimum Fair Wage,” which raises the state’s minimum wage, in increments, to $15 per hour by 2023. Governor Ned Lamont has pledged to sign the bill.