Employment Law Information Network
All Things Labor and Employment Law
The COVID-19 State of Emergency for California ended on February 28, 2023. In its wake, the California Department of Public Health (CDPH) has announced impending updates to its remaining COVID-19 mandates, including those applicable to healthcare workers.
On March 3, 2023, the CDPH announced it would end vaccination requirements for
Earlier this month, the California Department of Public Health updated its COVID-19 public health Order and guidance regarding isolation/quarantine and face-covering recommendations. Here is a link.
With the September 17, 2023 effective date for New York’s new pay range disclosure requirements approaching, state lawmakers recently amended the law to clarify the scope of remote jobs to which the law applies and to relieve certain information retention requirements for employers. On March 3, 2023, New York governor
Oregon employers with collective bargaining agreements have until March 31, 2023, to begin deducting employee contributions to Paid Leave Oregon, the Paid Leave Oregon Advisory Committee clarified on March 1, 2023.
Utah H.B. 131 prohibits employers from requiring proof of immunity or vaccination status in making employment decisions. There are limited exceptions, including for federal contractors and jobs with certain vaccination requirements under state or federal law. The new law also extends to places of public accommodation.
On March 21, 2023, the Michigan Senate passed Senate Bill No. 34 in the final step of the legislative process to repeal Michigan’s right-to-work law governing private-sector employers. The Senate’s action comes on the heels of the Michigan House of Representatives’ passage of a similar bill, House Bill 4005, on
The struggle to provide certainty on employment issues to the private sector in Puerto Rico is not over.
On March 14, 2023, Utah Governor Spencer J. Cox signed HB 324 into law amending Utah’s protective order statute to allow employers to petition for and obtain workplace violence protective orders against an individual who has engaged in or threatened potential workplace violence. The law will become effective on
New York Governor Kathy Hochul has signed an amendment to the New York State Pay Transparency Law that modifies the applicability of the law, lessens an employer’s recordkeeping requirements, and clarifies what constitutes an “advertisement.” The September 17, 2023, effective date remains unchanged, as does the requirement to include the
In November 2022, the City of Los Angeles passed the Retail Fair Workweek Ordinance. The ordinance is set to take effect on April 1, 2023. The ordinance sets forth requirements for retail businesses in handling scheduling and providing work schedules to employees. Covered employees are anyone working in the City
A long, drawn-out multimillion-dollar lawsuit connected to a 2016 construction accident has been dismissed by a Queens Supreme Court judge, who ruled in favor of a fence company represented by Goldberg Segalla.
On March 15, 2023, the Iowa legislature unanimously passed Senate File 262, the Consumer Privacy Act, which relates to consumer data and privacy protection. Once signed by Iowa’s governor, the statute will become operative on January 1, 2025, and Iowa will join California, Colorado, Connecticut, Utah, and Virginia in passing
On March 13, 2023, in Castellanos v. State of California, the California Court of Appeal handed down a pink unicorn decision in favor of app-based driver and delivery businesses that permits them to properly classify workers as independent contractors. In so doing, it breathed life back into Proposition 22 (Bus. & Prof. Code sections 7448-7467) and California’s gig economy.
Proposition 22’s Roots In AB5
In 2019, the California Legislature codified the holding in Dynamex by enacting Assembly Bill No. 5 (“AB5”), which established a test for distinguishing between employees and independent contractors. The net effect of AB5 is that workers are presumed to be employees with few narrow and complicated exceptions. Consequently, AB5 made it nearly impossible for workers and businesses of any kind to lawfully engage with each other on an independent contractor basis and for businesses to retain independent contractors without incurring the risk of, at best, being placed into an arduous audit process or, at worst, being deemed to have improperly classified its workers, and all of the repercussions associated with that finding. AB5 has, not surprisingly, been the subject of much litigation in the time since its original enactment.
Florida’s most recent anti-“WOKE” legislation places diversity-related work and diversity-focused positions on state campuses under threat.
Three years ago, California voters approved Proposition 22, the “Protect App-Based Drivers and Services Act,” which allowed app-based rideshare and delivery companies to hire drivers as independent contractors if certain conditions were met. This week the California Court of Appeal mostly upheld the Proposition as constitutional.
Proposition 22 went into
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