Executive Summary. New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any worker, whether an employee, independent contractor, or other non-employee, to claim harassment based on any protected category against any private employer, even an employer with only one employee or independent contractor. Also, legal fees, by law, must be awarded to a prevailing plaintiff and, beginning August 12, 2020, the time limit for bringing a harassment claim is extended to three years.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
Full Eleventh Circuit Finds that Plaintiffs Lack Standing in Alabama Lawsuit Challenging State Prohibition of Local Minimum Wage Laws
In a closely-split decision by the full court of appeals, the Eleventh Circuit has held that the plaintiffs lacked standing to pursue their claims against the named defendants in the lawsuit, specifically, the Attorney General for the State of Alabama. As a result, the Court of Appeals had no authority to determine whether the plaintiffs’ equal protection claim might survive on its merits. Lewis v. Governor of Alabama, 2019 U.S. App. LEXIS 36857 (11th Cir. Dec. 13, 2019) (en banc).
New York Extends Wage and Hour Liability to Top 10 Members of Non-NY LLCs
New York has amended its Limited Liability Company Law (LLC Law) to hold the top 10 members of a foreign limited liability company liable for wages owed as a result of work performed within New York State, effective February 10, 2020. Previously, the law did not provide that out-of-state LLC members could be liable for wages owed. The amendment (A453) expands LLC Law § 609(c) to expressly hold members of out-of-state LLCs personally liable for “all debts, wages or salaries due and owing” for services performed within the state.
Another New Year Resolution – Prepare for the Pittsburgh Paid Sick Days Act
We previously posted about Pittsburgh’s paid sick leave ordinance, the Pittsburgh Paid Sick Days Act (“PSDA”), which the Pennsylvania Supreme Court upheld this past summer after a lengthy legal challenge. Our previous post can be found here.
Illinois Legislature Clarifies Cannabis Act to Protect Employers Engaged in Workplace Marijuana Testing
Marijuana will become legal recreationally in the State of Illinois on January 1, 2020. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by employers. On December 4, 2019, Governor J.B. Pritzker signed amendments to clarify workplace drug testing and other issues, including protections for an employer’s drug testing policy.
How to Prepare for Duluth, Minnesota’s Earned Sick and Safe Time Ordinance
The City of Duluth, Minnesota’s Earned Sick and Safe Time Ordinance (ESST) will go into effect on January 1, 2020, and employers should be preparing for compliance.
Washington State Radically Increases Minimum Salary, Fee and Hourly Rates for White Collar Overtime Exemptions
On December 11, 2019, the Washington Department of Labor & Industries announced its final rule amending Washington State’s white collar overtime exemption regulations. If not overridden by the Legislature or successfully challenged in court, the rule will radically increase the pay rates necessary to qualify for the white collar exemptions in Washington State.
California Bar on Mandatory Arbitration Agreements in Employment Challenged, Injunction Sought
The U.S. Chamber of Commerce and other business organizations have filed suit in federal court against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Chamber of Commerce of the United States v. Becerra, No. 2:19-cv-2456 KJM DB. Alternatively, the lawsuit seeks a declaration that AB 51’s express FAA carve out provision, which protects arbitration agreements otherwise enforceable under the FAA, applies to both enforcement and formation of arbitration agreements.
Are shareholders considered “consumers” under the CCPA?
It’s hard to understate the range of issues the California Consumer Privacy Act (the “CCPA”) raises for covered businesses and their service providers. One of those issues involves the meaning of “consumer.” If you have been following CCPA developments, you know that at least for the first 12 months the CCPA is effective, the new law will, to a limited extent, apply to personal information of certain employees, applicants, and contractors. See AB 25.
Colorado Labor Agency Adopts Wage Rules that Include Bar on Vacation Pay Forfeiture
The Colorado Department of Labor and Employment (CDLE) has adopted permanent amendments to its Wage Protection Act Rules (Permanent WPA Rules) that include a prohibition against forfeiture of vacation pay under the Colorado Wage Claim Act (CWCA).
U.S. Chamber of Commerce Files Suit to Halt AB 51
California employers are not alone as they wrestle with AB 51’s January 1, 2020 new law on mandatory arbitration agreements. (For background on AB 51 see our article). On December 6, 2019, the U.S. Chamber of Commerce and other business organizations filed suit against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Alternatively, the lawsuit seeks a declaration that AB 51’s express FAA carve out provision, which protects arbitration agreements otherwise valid under the FAA, applies to both enforcement and formation. The case is filed in the Eastern District of California as Chamber of Commerce of the United States v. Becerra, Case No. 2:19-cv-2456 KJM DB.
Does Your Company Have to File Forms 1094/1095 in New Jersey?
Last week, the IRS issued it updated Form 1094-C and 1095-C instructions for 2019. Employers that employ New Jersey residents, however, may have more reading to do. New Jersey responded to the federal repeal of the Affordable Care Act’s (ACA) individual mandate, by enacting a mandate of its own. The New Jersey Health Insurance Market Preservation Act (Act), which became effective on January 1, 2019, imposes a penalty on New Jersey taxpayers who do not have minimum essential coverage during each month of the year. But, the Act also imposes some obligations for employers.
End of Year Developments for New York Employers
As 2019 comes to a close, legislative and administrative actions in New York require consideration by employers in the state.
National and State Trade Groups Sue to Strike Down California “Anti-Arbitration” Law
On Friday, December 6, 2019, a coalition of national and state trade associations filed suit in California federal court seeking to strike down the state’s recently enacted “anti-arbitration” law, A.B. 51.1 A.B. 51 effectively prohibits the formation and use of pre-dispute arbitration agreements in the employment setting. The California state legislature passed the bill earlier this year, and Governor Gavin Newsom (D) signed it into law on October 10, 2019. The law is scheduled to go into effect on January 1, 2020, but the business groups will be asking the court to issue a preliminary injunction preventing the law from taking effect.
Maryland Again Amends its Data Breach Notification Law
In response to trends, heightened public awareness, and a string of large-scale data breaches, states continue to enhance their data breach notification laws. In 2017 Maryland amended its Personal Information Protection Act (PIPA) with expansion of the definition of personal information, modification of the definition of “breach of the security of the system”, establishing a 45-day timeframe for notification and expansion of the class of information subject to Maryland’s data destruction laws. Now, Maryland has again amended PIPA, with HB 1154 in effect from October 1, 2019, notably enhancing the requirements for a business once it becomes aware of a data security breach.