Articles on Labor and Employment Law in All 50 U.S. States
30 Most Recent Articles Posted
- Puerto Rico Legislature Rethinks 2017 Employment Reform, Adds Protection for Medical Cannabis Users The days may be numbered for Puerto Rico’s 2017 employment reform law. Legislators in the House of Representatives have approved a bill that would repeal or modify parts of the ...
- Alabama Legislature Approves Medical Marijuana: Roll Tide! (and a Joint?)On May 6, 2021, the Alabama legislature approved a medical marijuana legalization bill. Senate Bill (SB) 46, more commonly known as the Darren Wesley ‘Ato’ Hall Compassion Act, will now ...
- California Relaxes Quarantine Requirements for Fully Vaccinated PersonsOn May 3, 2021, the California Dept. of Public Health (CDPH) updated its guidance concerning face coverings and quarantine requirements for “fully vaccinated” people outside of the workplace. (See ...
- CDF Webinar: Top 10 Employment Concerns for CA Employers Related to Returning to Work and COVID VaccinationsIt is now more than a year into the COVID-19 pandemic, and there are still looming issues on which California employers must continue to focus in order to maintain compliance ...
- Cal/OSHA Proposes Sweeping Changes to Its COVID-19 Prevention Emergency Temporary StandardsOn November 30, 2020, California’s Division of Occupational Safety and Health, more commonly known as Cal/OSHA, adopted COVID-19 Prevention Emergency Temporary Standards (ETS) for California. Among other topics, the ETS ...
- Pending California Bills Suggest Trend Towards Flexible Work ArrangementsBy: Pending California Bills Suggest Trend Towards Flexible Work Arrangements As local and state governments shift towards a full reopening of public and private work sectors, following an unprecedented year in ...
- Alabama Becomes 10th State to Enact Name, Image, and Likeness Legislation for Student AthletesOn April 20, 2021, Alabama governor Kay Ivey signed into law a name, image, and likeness (NIL) bill, making Alabama the tenth state to enact such legislation. jQuery(document).ready(function($) { if ( $.fn.waypoint ...
- Cal/OSHA Issues Long-Awaited Guidance on Fully Vaccinated EmployeesOn May 5, 2021, Cal/OSHA issued much-awaited FAQs which provide clarity on whether employers must continue to exclude fully vaccinated employees from the workplace if they were exposed to a ...
- Philadelphia Will Ban Pre-Employment Marijuana Testing in 2022The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022. The new Chapter 9-4700 of the Philadelphia ...
- Amendment to Florida Rules Increases Likelihood of Summary Judgment in State CourtThe Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in Celotex ...
- The New York HERO Act: What Employers Need to KnowEchoing his mantra of building back better, on May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which ...
- New Criminal Prosecutions Under Pennsylvania Wage Laws Pose a Major Threat to ContractorsThe federal Fair Labor Standards Act (FLSA) and some state wage laws contain provisions that impose criminal penalties on violators. These provisions, once rarely used, are taking on new life ...
- California’s Paid Family Leave Program – What Employers Need to KnowRecently, the Biden administration announced plans for a federal paid family leave program – something that has been available to California employees for over a decade. California’s Paid Family Leave ...
- California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana UseA federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not ...
- The Ninth Circuit Reverses AB5 InjunctionThe Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). The Circuit ...
- South Carolina Governor Signs COVID-19 Liability Immunity Act Into Law South Carolina Governor Henry McMaster has signed the “South Carolina COVID-19 Liability Immunity Act” into law, providing legal immunity to certain businesses that reasonably adhere to public health guidance in ...
- Resource Update: 2021 Desk Reference Provides Guidance to New Jersey Employers on State Employment Laws Employers in New Jersey must comply with a number of state laws and regulations that often impose different or more stringent requirements on employers than those imposed by federal law. ...
- California Public Health Department Does Away With Quarantine for Fully Vaccinated and Asymptomatic WorkersOn May 3, 2021, the California Department of Public Health (CDPH) released updated public health recommendations advising that fully vaccinated non-healthcare workers can refrain from quarantining after a known workplace ...
- Philadelphia Passes Ordinance Banning Marijuana Tests for Many Prospective EmployeesOn April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed into law on April 28, 2021. ...
- Pennsylvania Supreme Court Invalidates No-Hire Provision in Service ContractThe Supreme Court of Pennsylvania recently held unenforceable a no-hire provision in a service contract between a logistics company and a trucking firm. In Pittsburgh Logistics Systems, Inc. v. Beemac ...
- South Carolina Governor Signs Liability Shield Legislation Into LawAs expected, on April 28, 2021, Governor Henry McMaster signed the “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) into law. The act, which provides protection from “coronavirus claims” ...
- Colorado Ties Mask Mandate to Vaccination Status, but Employers Should Proceed with CautionSince July 2020, Colorado has required that all employees wear a face covering while working indoors.1 However, Colorado Governor Jared Polis recently announced significant changes to the statewide mask order. Still, ...
- Pennsylvania Employees, Organs, and the FMLA – oh my!Employee question of the day for HR: “I need time off because I’m donating a kidney.” You’re probably wondering: “How do I respond to this request? Is this incredibly generous ...
- “We are No Longer in a State of Emergency” in Florida – Or Are We?Florida Governor Ron DeSantis took two bold moves on Monday related to government oversight of COVID-19 emergency standards while declaring “we are no longer in a state of emergency.” The ...
- Illinois Expands Scope of the Employee Sick Leave ActOn April 27, 2021, Illinois Governor J.B. Pritzker signed House Bill 158 (HB 158), which amends the Employee Sick Leave Act (ESLA)1 to cover leave for a family member’s “personal care.” ...
- Pennsylvania Supreme Court Decides Issue of First Impression on “No-Hire” (or “No-Poach”) AgreementsThe Pennsylvania Supreme Court recently decided an issue of first impression regarding “no-hire” (or “no-poach”) provisions in commercial contracts between two companies. In such agreements, one company agrees not to ...
- New Washington Payroll Tax to Pay for ‘Free’ Long-Term Care Benefits from the State Washington has adopted the nation’s first state-run long-term care (LTC) services and support trust program. jQuery(document).ready(function($) { if ( $.fn.waypoint ) { $("#facebook-after-25411").waypoint( function() { $("#facebook-after-25411").sharrre({ share: { facebook: true ...
- Women’s-Only Gym Section Faces Discrimination Lawsuit Executive Summary: For decades fitness facilities have been offering “women-only” sections, allowing women to exercise in private without self-image worries or unwanted male attention. But these sections are now in jeopardy ...
- CPRA Series: The CPRA and Risk AssessmentsThe California Privacy Protection Act (CPRA) amended the California Consumer Privacy Act (CCPA) and has an operative date of January 1, 2023. The CPRA introduces new compliance obligations including a ...
- Illinois Appellate Court Finds Improper Use of OMA Litigation ExemptionThe Illinois Appellate Court recently issued an opinion providing additional guidance about the “probable or imminent” litigation exception to the Open Meetings Act (OMA) open meeting requirement. In City of Bloomington ...
- Massachusetts Announces Reopenings and Relaxed Face Covering Rule; Boston Delays Some by Three Weeks Massachusetts will reopen some outdoor Phase 4, Step 2 industries effective May 10, 2021, and put plans in place for further reopenings on May 29 and August 1, Governor Charlie Baker has announced. ...
- Class Certification Still Defeated Although Common Evidence of Non-ComplianceBy: Class Certification Still Defeated Although Common Evidence of Non-Compliance California employers may take solace in a recent unpublished decision upholding denial of class certification. In Salazar v. See’s Candy Shops ...
- City “Right To Recall” LawsSeveral California Cities have adopted Right to Recall Laws: Long Beach Los Angeles City County of Los Angeles jQuery(document).ready(function($) { if ( $.fn.waypoint ) { $("#facebook-after-25254").waypoint( function() { $("#facebook-after-25254").sharrre({ share: { ...
- At Long Last: South Carolina Passes COVID-19 Liability Immunity On April 28, 2021, Gov. Henry McMaster signed South Carolina’s COVID-19 Liability Immunity Act into law. The state’s employers will now have a defense that they are immune from liability ...
- New York Heroes Act Requires Workplace Safety MeasuresIn an effort to prevent the occupational exposure to an airborne infectious disease, the New York legislature has passed the aptly named New York Health and Essential Rights Act, or ...
- California Legislature Considers Bills Supporting Hazard Pay for Grocery and Health Care IndustriesDespite the Governor’s recent announcement for a tentative reopening of the state by June, California’s legislature has been busy passing COVID-19-related laws. At the end of March, the Governor signed ...
- Connecticut to Ease COVID-19 Restrictions Beginning May 1, 2021On April 19, 2021, Connecticut Governor Ned Lamont announced plans to roll back COVID-19-related restrictions on businesses—although certain mask requirements may remain in effect. The governor intends to lift the ...
- South Carolina Expected to Implement Liability Shield Law to Protect Businesses From Certain COVID-19–Related ClaimsThe “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) is expected to reach Governor Henry McMaster’s desk early this week for his signature. Senate sponsors initially introduced the act ...
- 9th Circuit Permits Enforcement of AB 5 Against Interstate Motor CarriersIn 2020, a California district court granted a preliminary injunction to prevent enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. AB 5 codified the judge-made ...
- California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come?In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a ...
- Chicago Enacts Vaccination Anti-Retaliation and Rights Ordinance On April 21, 2021, the City of Chicago enacted the Vaccine Anti-Retaliation Ordinance that provides all workers in Chicago with rights to obtain COVID-19 vaccinations during their work hours and ...
- Philadelphia Expands Protections for Security, Janitorial, Maintenance, Food and Beverage, Hotel, and Health Care Employees Whose Jobs are OutsourcedThe Philadelphia Protection of Displaced Contract Workers Ordinance offers job protections to workers providing security, janitorial, building maintenance, food and beverage, hotel service, or health care services who are employed ...
- Coming Soon: Revisions to Cal OSHA’s COVID-19 Emergency Temporary Standards Anticipated by June 2021In November 2020, Cal OSHA passed the COVID-19 Emergency Temporary Standards (ETS). Currently, the Standards are set to expire on October 2, 2021. As outlined in prior articles, the ETS ...
- Five Bars of Wi-Fi Are Grounds For Disability ClaimsThe California Court of Appeal, Brown v. Los Angeles Unified School District, recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment ...
- Chicago City Council Passes Vaccine Anti-Retaliation Ordinance All Chicago workers, whether employees or independent contractors, have been granted additional legal protections under a new ordinance that makes it easier for them to receive the COVID-19 vaccine. jQuery(document).ready(function($) { if ( $.fn.waypoint ...
- Chicago City Council Passes Vaccination Time Off OrdinanceOn April 21, 2021, the Chicago City Council passed an ordinance, effective immediately, prohibiting adverse action against all Chicago workers—including independent contractors—who take time off from work to receive a ...
- Employers Receive Clarification From California Labor Commissioner Through Updated FAQs regarding 2021 Supplemental Paid Sick LeaveThe COVID-19 Supplemental Paid Sick Leave statute was signed into law a month ago and, despite a FAQ issued by the California Labor Commissioner, employers were faced with uncertainty as to ...
- Indiana Enacts Pregnancy Accommodations Law, Effective in July 2021A new Indiana statute sets out the process for pregnant workers to seek a reasonable accommodation from their employers. The new law applies to employers with at least 15 employees. It ...
- Washington Amends Its Paid Family and Medical Leave Act in Response to PandemicThe Washington State Legislature has temporarily amended the state’s Paid Family and Medical Leave (PFML) Act to create pandemic leave assistance grants for certain employees and employers. Employees and employers ...
- Medical Marijuana Expenses Held Reimbursable In New Jersey Workers’ Compensation CaseThe New Jersey Supreme Court ruled that an employer and its workers’ compensation carrier must reimburse an injured worker for his medical marijuana expenses. Hager v. M&K Construction, 2021 N.J. ...
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