Virginia may be the first state to follow California’s lead on consumer privacy legislation, but it certainly will not be the last. The International Association of Privacy Professionals (IAPP) observed, “State-Level momentum for comprehensive privacy bills is at an all-time high.” The IAPP maintains a map of state consumer privacy legislative activity, with
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
California Supreme Court Agrees to Answer Question About Employment Retaliation
Is the California Supreme Court about to make it more difficult to dispose of whistleblower retaliation claims? That may well be the case. The Supreme Court has agreed to answer the 9th Circuit Court of Appeals’ question about California law and unlawful retaliation against an employee in Lawson v. PPG
Virginia Passes Consumer Privacy Law; Other States May Follow
When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopt their own statutes intended to enhance privacy rights and consumer protection for residents.
Minnesota Employer’s Handbook Disclaimer Fails on PTO Policy Under Wage Payment Statute
Minnesota employers will be heading back to the drawing board to revise their handbook disclaimers. The Minnesota Supreme Court now requires specific language in policies that set out the terms and conditions for payment of certain employee benefits such as payouts of vacation and paid time off (PTO).
Philadelphia Predictability Pay Requirement to be Enforced Beginning June 1
Starting June 1, 2021, the Philadelphia Office of Worker Protections will begin enforcement of predictability pay as part of the Philadelphia Fair Week Work Ordinance.
Pay Data Reporting Portal Opens Today for California Employers
As indicated recently, California’s Pay Data Reporting Act requires all private-sector employers with 100 or more employees, with at least one employee in California, to report pay and hours worked by employees by race, ethnicity, and sex in ten different job categories to the Department of Fair Employment and Housing (“DFEH”) before the deadline: March 31, 2021. In enacting this legislation, the Legislature noted that hidden bias exists and is encouraging self-assessment of pay disparities along gendered, racial, and ethnic lines to encourage voluntary compliance with equal pay and anti-discrimination laws.
Illinois Renews Effort to Enact Expansive Restrictive Covenant Legislation
In 2016, Illinois enacted the Illinois Freedom to Work Act (IFWA). In doing so, it became one of the first states to pass legislation in response to the Obama administration’s Call to Action, which asked states to amend their restrictive covenant laws to, among other things, ban covenants not to
CPRA Series: Does the California Privacy Rights Act (CPRA) Apply to Your Business?
When California voters approved Proposition 24, the California Privacy Rights Act (CPRA), on November 3, 2020, the result was to substantially amend the California Consumer Privacy Act (CCPA) which became effective only 10 months earlier. We outlined the basic rules for determining when the CCPA applies, and summarize here the
CPRA Series: Redux on Data Security Requirements and Private Right of Action
The California Privacy Rights Act (CPRA), passed in November, 2020, added to the California Consumer Privacy Act (CCPA) an express obligation for covered businesses to adopt reasonable security safeguards to protect personal information. The CPRA also clarified the CCPA’s private right of action for consumers whose personal information is breached due
Mississippi House, Senate move to eliminate June 25 advanced sales, use and payroll tax payments
Years ago the Mississippi Legislature “borrowed” certain sales, use and payroll tax collections from a subsequent fiscal year to close a then-current year budget gap.
Minnesota Supreme Court Holds General Contract Disclaimer in Employee Handbook May Not Prevent Creating Contractual Obligations to Pay Out PTO
Fourteen years ago, in Lee v. Fresenius Med. Care, 741 N.W.2d 117 (Minn. 2007), the Minnesota Supreme Court held that an employer’s obligation to pay out unused paid time off (PTO) to an employee at termination depends on what the employer’s PTO policy dictates. The holding was consistent with Minnesota law as it did not require employers to offer any PTO to employees. The issue of whether PTO is owed at time of termination is a question of contract, and employers can set the terms with a carefully drafted policy.
California Department of Justice Establishes Worker Rights and Fair Labor Section
California Attorney General (AG) Xavier Becerra recently announced that he has created the Worker Rights and Fair Labor Section, which will fall under the California Department of Justice’s (DOJ) Division of Public Rights. This new section will be tasked with protecting workers against workplace issues such as wage theft, health
Emergency Paid Sick Leave Changes in Sonoma County, San Francisco, and the City of Los Angeles
On February 9, 2021, the Sonoma County, California Board of Supervisors enacted an urgency ordinance that, effective immediately, expands coverage under its emergency paid sick leave (EPSL) ordinance while clarifying and/or amending leave and notice requirements.
Wednesday Wake-Up with Jen! What is “Exclusion Pay” and Why Should You Care?
Many employers are confused about the “exclusion pay” provisions in Cal/OSHA’s COVID-19 Emergency Temporary Standard. Join Jennifer for a practical explanation and tips for compliance.
Proposition 22 Challenged in Oakland State Court Today
Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22. This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the statutory requirements of AB5 and allows them to continue to have legitimate arguments that they are working as independent contractors
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