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

New York City Commission on Human Rights Issues Mandatory Anti-Sexual Harassment Poster

FordHarrison LLP • August 15, 2018
Executive Summary: As part of the new anti-sexual harassment laws passed in response to the #MeToo movement this past spring, New York City now requires employers to post a notice of employees’ rights and remedies if they have been subjected to sexual harassment. (FordHarrison previously discussed the updates to the City law in our April 30, 2018 Alert.) The New York City Commission on Human Rights (“the Commission”) has issued a poster for use by employers: https://www1.nyc.gov/assets/cchr/downloads/pdf/materials/SexHarass_Notice-8.5x11.pdf. Employers must “conspicuously” display this poster “in employee breakrooms or other common areas employees gather” no later than September 6, 2018.

New Jersey Law Does Not Require Employers To Accommodate Medical Marijuana Users By Waiving Drug Tests

Jackson Lewis P.C. • August 15, 2018
A federal court in New Jersey has held that neither the New Jersey Compassionate Use Medical Marijuana Act (“NJCUMMA”) nor the New Jersey Law Against Discrimination (“NJLAD”) compels an employer to waive its requirements for employees to pass drug tests, even when those drug tests include testing for marijuana. Cotto v. Ardagh Glass Packing, CV-18-1037 (D.N.J. August 10, 2018).

Massachusetts Enacts Comprehensive Noncompete Agreements Law

XpertHR • August 15, 2018
A new Massachusetts law establishes minimum requirements for employment-related noncompete agreements to be enforceable and bans agreements that do not meet the law's requirements. Massachusetts joins several other states that have recently established new regulations for noncompete agreements. The new law applies only to agreements entered into on or after October 1, 2018.

New Jersey Enters Partnership with USDOL To Fight Worker Misclassification

FordHarrison LLP • August 14, 2018
Executive Summary: Just months after New Jersey Governor Phil Murphy signed Executive Order No. 25 establishing a task force to combat employee misclassification, the NJ Department of Labor and Workforce Development (LWD) entered into a cooperation agreement with the US Department of Labor (USDOL) to work together to fight worker misclassification.

Washington Law Restricts Employers’ Access to Medical Records in WLAD Cases

Ogletree Deakins • August 14, 2018
Washington recently passed a law limiting discovery of medical records and other medical information for discrimination claims brought under the Washington Law Against Discrimination (WLAD). The law went into effect on June 7, 2018.

One If By Land, Two If By Sea, Noncompete Reform Is Coming! Midnight Session In Massachusetts Legislature Alters Noncompete Landscape

Fisher Phillips • August 13, 2018
After nearly 10 years of start-and-stop efforts on Beacon Hill, Governor Charlie Baker signed “An Act Relative to Economic Development in the Commonwealth” on Friday evening, which includes sweeping changes to the way the Commonwealth treats noncompetition agreements. Among other things, the bill prohibits enforcement of noncompetition agreements against non-exempt employees, limits their length to just 12 months, and precludes the use of “continued employment” as acceptable consideration in any noncompetition agreement entered into on or after October 1, 2018.

New York City Commission on Human Rights Publishes Poster and Fact Sheet on Sexual Harassment; Employers Should Prepare for Upcoming Deadlines

Littler Mendelson, P.C. • August 13, 2018
In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior article.

Washington State Considers Raising Minimum Salary for Overtime-Exempt Workers as High as $74,880

XpertHR • August 13, 2018
The minimum salary for most overtime-exempt employees in Washington state could be raised as high as $74,880 under a proposal being considered by the state labor department.

What Employers Need to Know About the Illinois Secure Choice Mandatory Retirement Savings Program

Jackson Lewis P.C. • August 13, 2018
Employers in Illinois with at least 25 employees must comply with the Illinois Secure Choice Savings Program Act (Secure Choice) or offer employees an employer-sponsored retirement plan. Secure Choice is set to roll out in November 2018.

Illinois Secure Choice Savings Program – A Mandatory Retirement Plan

Jackson Lewis P.C. • August 13, 2018
Employers in Illinois with at least 25 employees must comply with the Illinois Secure Choice Savings Program Act (Secure Choice) or offer employees an employer-sponsored retirement plan. Secure Choice is set to roll out in November 2018.