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

Puerto Rico: New Act Extends the List of Authorized Deductions to Non-Exempt Employees' Wages

Littler Mendelson, P.C. • July 18, 2018
The Governor of Puerto Rico recently signed into law Act No. 115, extending the list of authorized payroll deductions under Act 17-1931 (“Act 17”). As a general rule, deductions from non-exempt employees’ wages in Puerto Rico are prohibited unless specifically authorized by Article 5 of Act 17.

Federal Court Both Affirms and Invalidates Enforceability of California's Immigrant Worker Protection Act

FordHarrison LLP • July 18, 2018
Introduction: Last February, we provided an overview of California's Immigrant Worker Protection Act, AB 450. The law, which took effect on January 1, 2018, was a response to anticipated increases in federal immigration enforcement efforts under the Trump administration and was aimed at providing workers some protections from federal immigration enforcement actions in the workplace. AB 450 regulates three things: (1) the level of workplace access employers are permitted to give immigration enforcement officials, (2) notice to employees about immigration enforcement efforts, and (3) reverification of an employee’s employment eligibility.

New California Law Protects Victims, Witnesses, and Employers From Damages to Alleged Sexual Harassers’ Reputations

Ogletree Deakins • July 18, 2018
On July 9, 2018, California Governor Jerry Brown signed Assembly Bill 2770 (AB 2770) into law. The new statute amends California Civil Code Section 47, which designates certain communications as “privileged,” meaning that individuals cannot be liable for defamation (including libel and slander) based on those communications.

Federal Court Preliminarily Enjoins California Immigrant Worker Protection Act Employer Penalties

Ogletree Deakins • July 18, 2018
On July 4, 2018, Judge John Mendez of the United States District Court for the Eastern District of California preliminarily enjoined California from enforcing some provisions of Assembly Bill 450 (AB 450), known as the “Immigrant Worker Protection Act.” The judge did so in response to the federal Department of Justice’s (DOJ) challenge to AB 450, Senate Bill 54 (the California Sanctuary State Law), and Assembly Bill 103, which directs the state attorney general to review and report on detention facilities housing noncitizens within California for civil violations of federal immigration laws. The court did not sustain the DOJ’s challenges to the other two statutes.

Chicago Considers Fair Workweek Ordinance

Littler Mendelson, P.C. • July 18, 2018
The Chicago City Council currently has before it a proposed ordinance entitled the “Chicago Fair Workweek Ordinance,” which, if passed, would severely limit Chicago employers’ ability to change employees’ posted schedules, and would otherwise encumber employers in employee scheduling.

Pending California Legislation Alert! Senate Bill 937 Seeks to Require California Employers to Provide Lactation Facilities in the Workplace

Jackson Lewis P.C. • July 18, 2018
If passed, California Senate Bill 937: Lactation Accommodation, will require employers to provide a lactation room, or location, in close proximity to the employee’s work space, and it must include prescribed features such as access to a sink and refrigerator. SB 937 also would deem denial of reasonable break time or adequate space to express milk a failure to provide a rest period in accordance with state law.

6 FAQs on California’s Meal and Rest Break Rules

Ogletree Deakins • July 17, 2018
California’s meal and rest break rules are extremely technical and nuanced—and a failure to properly comply with them can result in penalties. Here are answers to six frequently asked questions (FAQs) regarding compliance with this intricate area of California labor and employment law.

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

FordHarrison LLP • July 17, 2018
Executive Summary: Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana to treat his work-related injury. This contrasts with a recent decision from Maine’s highest court, which held that compliance with an administrative order compelling an employer to subsidize an employee’s use of medical marijuana constitutes aiding and abetting, which is a violation of the CSA.

Major Changes Proposed to Pennsylvania’s Overtime Rules

Ogletree Deakins • July 17, 2018
Employers with operations in Pennsylvania may want to take note of significant changes in the pipeline to the state’s wage and hour rules. Specifically, on June 23, 2018, the Pennsylvania Department of Labor and Industry (PA DLI) published proposed rulemaking containing drastic changes to some of the state’s white collar exemptions to the Pennsylvania Minimum Wage Act (PMWA).

Federal Judge Determines that California’s Immigration Law Goes Too Far

Ogletree Deakins • July 17, 2018
A federal district judge in California issued a preliminary injunction preventing the State of California from enforcing certain provisions of Assembly Bill (AB) 450, a state statute that, among other things, prohibits private employers from cooperating with federal immigration enforcement agencies in the absence of a judicial warrant or a subpoena. The law, which is also known as the Immigrant Worker Protection Act, went into effect on January 1, 2018. The U.S. Department of Justice (DOJ) filed a lawsuit in March 2018, alleging that AB 450, and two other California immigration statutes, preempt federal law and interfere with the government’s ability to carry out its duties.