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

Employers Have until January 5, 2018 to Submit Comments on Proposed Regulation Implementing Puerto Rico’s Working Hours and Days Act

Littler Mendelson, P.C. • December 13, 2017
On December 6, 2017, the Puerto Rico Secretary of the Department of Labor and Human Resources (“Secretary”) published the proposed Regulation to Administer Act No. 379 of May 15, 1948, as amended, known as Puerto Rico’s Working Hours and Days Act. On the same day, the Puerto Rico Department of Labor and Human Resources (“Department”) published a Public Notice informing employers, employees, and the general public of its intent to adopt the Regulation and inviting any person to submit written comments on or before Friday, January 5, 2018. Comments can be mailed, submitted via email, or physically presented to the Office of the Solicitor of Labor.

Employers: Paid Family Leave is IN and Salary Inquiries are OUT

Vedder Price • December 13, 2017
Recent employment legislation in New York State and New York City affords new benefits and protections to employees and job applicants. These laws also bring new obligations for employers. Before the holiday season is in full swing, employers should take steps to ensure compliance with the two laws described below

Employer Responsibilities Mount as California Fires Rage

Littler Mendelson, P.C. • December 13, 2017
While parts of Northern California are still reeling from damaging wildfires there two months ago, multiple fires are currently threatening Santa Barbara/Ventura, Los Angeles and Northern San Diego Counties. Fueled by high winds, the Southern California blazes are far from being contained. Without a doubt, safety and security are the highest priorities at present as this dangerous situation unfolds.

Are Your California Employees Asking for Dust Masks Because of the Raging Fires?

Fisher Phillips • December 13, 2017
Our California offices reported that local governments are provided N 95 dust masks to citizens because of the wild fires. Such masks may not actually help all users and the smoke and particulate may not exceed permissible levels. Nevertheless, these masks do often provide comfort when exposed to dusty conditions which are uncomfortable but do not present a hazard.

Louisiana Governor Appeals LGBT Executive Order Ruling to State Supreme Court

Ogletree Deakins • December 13, 2017
On December 1, 2017, Louisiana Governor John Bel Edwards (D) appealed a state appellate court decision holding that Executive Order JBE 2016 – 11, which seeks to protect the rights of lesbian, bisexual, gay, transgender individuals, and other protected classes from discrimination by Louisiana agencies, departments and contractors was unconstitutional.

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

Ogletree Deakins • December 13, 2017
While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in favor of a gay employee who filed a lawsuit alleging sex discrimination based on sex stereotyping. Lampley v. Missouri Commission on Human Rights, No. WD80288 (October 24, 2017).

DLSE Reverses Its Position on California Rest Breaks

Jackson Lewis P.C. • December 11, 2017
In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks.

Localities and the Compensation History Ban: Next Stop Albany County

Jackson Lewis P.C. • December 08, 2017
New York Governor Andrew Cuomo has long supported measures related to pay equity. In 2015, he signed a pay equity law that prohibited an employee from being paid a lower wage on the basis on gender. Similarly, in early 2017, Cuomo signed an executive order prohibiting state agencies from making pre-employment offer inquiries about a candidate’s prior or current salary.

New York Releases Paid Family Leave Statement of Rights and Model Policy Language

Ogletree Deakins • December 07, 2017
As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible employees.

Bill Would Revise New Jersey Law Against Discrimination to Limit Employment Agreements

Jackson Lewis P.C. • December 07, 2017
A bill in the New Jersey State Senate would effectively prohibit jury waivers, arbitration clauses, and non-disclosure provisions related to claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD).