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

New Jersey Laws Aimed at Misclassification of Independent Contractors

Jackson Lewis P.C. • January 28, 2020
New Jersey has enacted a series of laws designed to penalize companies that misclassify individuals as independent contractors.

Cal/OSHA Standards Board Approves Employee IIPP Access Rule

Jackson Lewis P.C. • January 28, 2020
As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Standards Board approved the proposed rule, which is now expected to take affect on January 1, 2021.

New Jersey Amends its Wage Statement Requirements

Littler Mendelson, P.C. • January 28, 2020
Among the 153 bills Governor Phil Murphy signed into law on January 21, 2020 was Senate Bill 1791, which amends the New Jersey Wage Payment Law (WPL) to require employers to provide additional information on employees’ wage statements.

Illinois Employers Are Due for a Check-Up: 2020 Paid Sick Leave Updates

Littler Mendelson, P.C. • January 28, 2020
As “Super Sick Monday” approaches, employers will review their sick leave policies and procedures to ensure that operations are not “sacked” by excessive absenteeism the day after the Super Bowl, and that an enforcement agency does not throw a flag on the play. Because sometimes the best offense is a good defense, periodic policy review can help employers confirm, “It’s good!” to reach their goal of compliance. Just as Bears fans are already looking to next season, employers with Illinois operations should look further afield to determine whether and how local (or possibly statewide) paid sick leave changes later in 2020 could affect them.

New York Releases FAQs on Statewide Salary History Ban

Littler Mendelson, P.C. • January 27, 2020
Changes to New York state law that prohibit employer inquiries into the salary history of applicants and employees took effect on January 6, 2020. Recently, the New York Department of Labor released a series of Frequently Asked Questions (FAQs) to further clarify this law. The FAQs provide insight on which employers and workers are covered, employers’ responsibilities under the law, and how employees or applicants can address potential violations.

Cal/OSHA Standards Board Approves Employee IIPP Access Rule

Jackson Lewis P.C. • January 27, 2020
As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Standards Board approved the proposed rule, which is now expected to take affect on January 1, 2021.

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

Littler Mendelson, P.C. • January 27, 2020
On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in a tribal gaming compact1 to establish a workers’ compensation program. Tribal employers that negotiate gaming compacts will find this case of interest.

New York City Set to Require Stores to Accept Cash

Littler Mendelson, P.C. • January 26, 2020
The New York City Council has approved, by a vote of 43-3, a bill that would make it unlawful for most businesses to refuse to accept payments in cash, with limited exceptions. The legislation aims to eliminate what supporters say is discrimination against low-income New Yorkers who lack bank accounts and credit cards. Many businesses, on the other hand, cited a variety of reasons for opposing the legislation, including a desire to appeal to card-toting consumers, speed up service, increase employee safety by reducing the chance of robbery, and eliminate the need to count cash or arrange for armored car pickups. The new law will take effect 270 days after Mayor de Blasio—who has expressed support for the bill—signs it into law.

Cal/OSHA Standards Board Approves Employee IIPP Access Rule

Jackson Lewis P.C. • January 26, 2020
As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Standards Board approved the proposed rule, which is now expected to take affect on January 1, 2021.

Massachusetts High Court Upholds Enforcement of Employee Non-Solicitation Covenant

Jackson Lewis P.C. • January 26, 2020
Over the past few years, legislators and government agencies at both the state and federal levels have pushed reforms limiting the use of non-competes and other restrictive covenants by U.S. businesses. Some of those efforts have extended to covenants that restrict a party’s ability to solicit and/or hire employees who are not party to the agreements in question.
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