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

Upcoming Changes to the Massachusetts “Ban the Box” Law

Hirsch Roberts Weinstein LLP • October 14, 2018
A summary about the new Criminal Justice Reform Act taking effect on October 13th, including information about existing law, changes to existing law, and what these changes mean for employers.

Pennsylvania's Plan to Raise Minimum Salaries for Overtime-Exempt Workers to $48,000 Scrutinized

XpertHR • October 09, 2018
Pennsylvania's plan to raise the minimum salary for most overtime-exempt employees to nearly $48,000 has encountered a serious roadblock.

Zero-Tolerance Policy Didn't Justify Refusing to Hire Medical Marijuana User in Connecticut

FordHarrison LLP • October 09, 2018
A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the employer was a federal contractor applying its zero-tolerance drug-testing policy. See Noffsinger v. SSC Niantic Operating Co., LLC, 2018 U.S. Dist. LEXIS 150453 (D. Conn., Sept. 5, 2018).

New York Anti-Sexual Harassment Requirements Take Full Effect

Littler Mendelson, P.C. • October 09, 2018
Earlier this year, New York State adopted anti-sexual harassment legislation that the Governor described as the "strongest and most comprehensive" in the country, and that is now fully effective. As of October 9, 2018, employers must distribute to all New York-based employees an updated anti-sexual harassment policy that covers a number of key areas. Over the next 365 days, employers also must train all New York-based employees regarding sexual harassment and retaliation, and repeat such training annually thereafter. New York City has a similar sexual harassment training requirement that goes into effect on April 1, 2019. In this podcast, Littler attorneys Devjani Mishra and Emily Haigh help employers operating in New York State and City navigate these new requirements.

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

Littler Mendelson, P.C. • October 09, 2018
On September 27, 2018, the Kentucky Supreme Court in Northern Kentucky Area Development District v. Snyder1 held that the Federal Arbitration Act (FAA) does not preempt a Kentucky statute, KRS § 336.070(2), barring employers from requiring employees to waive, arbitrate, or diminish statutory rights as a condition or precondition of employment. Although this is ostensibly the first state-wide judicial prohibition on an employer's mandatory arbitration policy, if appealed, the decision is not expected to withstand U.S. Supreme Court scrutiny.

The California Consumer Privacy Act: Getting a Head Start on Compliance

Ogletree Deakins • October 08, 2018
The California Consumer Privacy Act (CCPA) is a new law that California Governor Jerry Brown signed on June 28, 2018, and will become effective on January 1, 2020. Amendments to the law are still being proposed, and the law will likely be amended and clarified. Here is what we know today.

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part I

Ogletree Deakins • October 08, 2018
The New Jersey Paid Sick Leave Law (PSLL) goes into effect on October 29, 2018. We have received hundreds of questions in the last few weeks from employers seeking guidance on what they must do to comply with the law in advance of its looming effective date.

New Illinois Laws Require Employers to Reevaluate Policies and Practices

FordHarrison LLP • October 08, 2018
Effective August 21, 2018, Illinois amended its Nursing Mothers in the Workplace Act (820 ILCS 260/10). The prior law, which went into effect in 2001, required employers who have more than five employees to provide unpaid break time to an employee who needed to express breast milk for her nursing infant child. The amendment now requires employers to pay for “reasonable” break time spent expressing breast milk, no matter how long it takes or how often it needs to occur. A limit of up to one year after the birth has now replaced a previously undefined period.

Kentucky Supreme Court Holds Employers May Not Require Arbitration Agreements as a Condition of Employment

Jackson Lewis P.C. • October 08, 2018
On September 27, 2018, the Kentucky Supreme Court issued its opinion in Northern Kentucky Area Development District v. Danielle Snyder, No. 2017-SC-000277-DG and held that Kentucky employers may not require employees to sign arbitration agreements as a condition of their employment.

New York Law Requires Human Trafficking Informational Cards in Hotels, Considering Employee Training

Jackson Lewis P.C. • October 05, 2018
All hotels in New York with at least five rooms will be required to post human trafficking “informational cards” throughout each hotel’s premises beginning October 14, 2018.