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

Washington State Governor Issues Executive Order Discouraging Arbitration Agreements and Class Action Waivers for Government Contractors

Ogletree Deakins • September 20, 2018
On June 12, 2018, Washington State Governor Jay Inslee issued an executive order that directs Washington agencies to favor government contractors that do not require employees to submit to individual arbitration of claims.

More Buzz in Connecticut on Medical Marijuana in the Workplace

Ogletree Deakins • September 18, 2018
A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC (Noffsinger II), the court further defined the contours of a PUMA discrimination claim, holding that federal law does not negate PUMA’s anti-discrimination protections and that certain damages are not recoverable under PUMA. This case is significant for employers because it explains the relationship between federal and Connecticut state laws concerning marijuana use and provides important guidance for employers that use drug testing in the workplace.

New Jersey Paid Sick Leave Law -- Proposed Regulations Issued

Ogletree Deakins • September 18, 2018
The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued proposed regulations to implement the New Jersey paid sick leave law (PSLL), which goes into effect on October 29, 2018. The proposed regulations address many questions New Jersey employers have about the new law, but other areas of uncertainty remain.

Illinois Employers Face New Expense Reimbursement Requirements

Ogletree Deakins • September 18, 2018
On August 26, 2018, Illinois amended the Wage Payment and Collection Act (IWPCA) to include the requirement that employers reimburse employees for all expenses within the scope of their employment that are “directly related to services performed for [their] employer[s].” Effective January 1, 2019, the new law (820 ILCS 115/9.5) requires the following:

Tennessee Gives Employers Option to Allow Limited Carrying of Concealed Firearms at Work

Ogletree Deakins • September 18, 2018
Tennessee property owners, including employers, are generally authorized to prohibit the possession of weapons by any person at meetings conducted by an employer or on property owned, operated, managed, or under the control of an employer. Tennessee has adopted very specific requirements for how employers and other property owners must notify employees and visitors when they seek to prohibit firearms on their properties.

Michigan Passes Paid Sick Leave Law

Jackson Lewis P.C. • September 17, 2018
On September 5, 2018, Michigan became the 11th state to enact a mandatory paid sick leave law — the Earned Sick Time Act. The act was a citizen petition-initiated measure that the state legislature approved.

California: What Happens In Mediation Stays (Confidential) In Mediation

Jackson Lewis P.C. • September 13, 2018
An amendment to Section 1122 of the California Evidence Code on mediation confidentiality requires attorneys representing clients in connection with mediation to provide written disclosures to their clients about mediation confidentiality beginning January 1, 2019.

State Appeals Court Expands Scope Of NYC’s Marital Status Discrimination Law

Fisher Phillips • September 12, 2018
The scope of New York City’s marital status discrimination law was just expanded by a state appeals court, meaning that employers need to be even more wary when it comes to any workplace decisions taken on the basis of who someone is married to. On September 6, the Appellate Division for New York’s First Department answered for the first time the following question under the New York City Human Rights Law (HRL): may an employer dismiss an employee simply because the employee’s spouse, also a former employee, had taken a job with the employer’s competitor?

New Jersey Law Expands Striking Workers’ Eligibility for Unemployment Benefits and Imposes Penalties for Hiring Permanent Replacements

Ogletree Deakins • September 12, 2018
On August 10, 2018, New Jersey Governor Phil Murphy signed legislation allowing striking workers to collect unemployment benefits under several new and potentially expansive circumstances. The new law applies to all New Jersey employers and any claim for unemployment benefits for a period of unemployment commencing on or after July 1, 2018.

Maryland Employers, Are You Ready? New Sexual Harassment Law Takes Effect October 1

Jackson Lewis P.C. • September 12, 2018
Maryland’s “Disclosing Sexual Harassment in the Workplace Act of 2018” takes effect on October 1, 2018. The Act prohibits certain waivers related to an employee’s future sexual harassment claims and future retaliation claims for making a sexual harassment claim. It also requires employers with at least 50 employees to complete a survey disclosing the number of sexual harassment settlements in which the employer has entered.