Articles on Labor and Employment Law in All 50 U.S. States
30 Most Recent Articles Posted
- Pennsylvania’s Common Law Wrongful Termination in Violation of Public Policy Tort May Protect Whistleblower Employees Regarding COVID-19 Safety Policies THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HAS ALLOWED A GROUP OF PLAINTIFFS TO PROCEED WITH A LAWSUIT ALLEGING THEY WERE WRONGFULLY TERMINATED FOR COMPLAINING THAT THEIR ...
- Ohio Revamps Employment Discrimination StatutesOn January 12, 2021, Governor Mike DeWine signed into law House Bill (H.B.) 352, which makes significant and sweeping changes to how employment discrimination claims will be handled in the ...
- CCPA at the One-Year MarkThe CCPA has reached the one-year mark. This is a good time for businesses to review the success of their compliance programs and recalibrate for the CCPA’s second year. Here ...
- Oakland, California Retroactively Extends Emergency Paid Sick Leave OrdinanceOn January 19, 2021, Oakland, California’s city council enacted an emergency ordinance extending and modifying its existing emergency paid sick leave (EPSL) ordinance. jQuery(document).ready(function($) { if ( $.fn.waypoint ) { $("#facebook-after-22154").waypoint( function() { $("#facebook-after-22154").sharrre({ ...
- Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial DriversIn one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January ...
- St. Paul, Minnesota Limits the Amounts Food Delivery Platforms Can Charge During the PandemicSt. Paul has joined the growing list of cities limiting fees food delivery platforms can earn during the COVID-19 pandemic. In enacting its ordinance, St. Paul follows fellow Minnesota cities ...
- California Supreme Court Reaffirms that ABC Test is RetroactiveOn January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int’l, Inc.1 that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. ...
- Finally! Ohio Restores its Employment Discrimination StatuteAfter over 25 years of proposals and negotiations among key stakeholders—including Ohio employers and their supporting associations, the Ohio plaintiffs’ employment law bar, and various employee-rights advocates—on December 22, 2020, ...
- Misclassification Liability in the Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex “ABC Test” Applies Retroactively It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge ...
- Driving in Reverse? Uber/Lyft Drivers Seek to Undo California’s Proposition 22 Introduction: On January 12, 2021, Uber and Lyft drivers became the first gig workers to challenge Proposition 22, just two months after voters passed it into law on the November ...
- Virginia Implements Permanent Workplace Safety Measures in Response to COVID-19 On January 13, 2021, the Virginia Safety and Health Codes Board (VSHCB) approved a measure implementing permanent workplace safety measures in response to COVID-19. Previously in May 2020, Virginia became ...
- Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation ClaimsA federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. Hudnell v. Jefferson ...
- New York Could Become the Next Hotbed of Class Action Litigation Over Biometric PrivacyDubbed the “Biometric Privacy Act,” New York Assembly Bill 27 (“BPA”) is virtually identical to the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (BIPA). Enacted in ...
- District of Columbia is on the Verge of Implementing One of the Broadest Non-Competition Bans in the CountryAmidst the ongoing COVID-19 pandemic and other events in the nation’s capital, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 on January ...
- Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Motor Carrier DriversThe Federal Motor Carrier Safety Administration (FMCSA), within the federal Department of Transportation, is responsible for regulating commercial motor carrier safety. In 2018, the FMCSA determined that federal law preempts ...
- California Supreme Court Answers the Ninth Circuit: Dynamex Applies RetroactivelyIn Vazquez v. Jan-Pro Franchising International (Vazquez), the California Supreme Court answered “Yes” to the Ninth Circuit’s question, “Does your independent contractor ABC test in Dynamex Operations West, Inc. v. ...
- CROWN Act Ordinance: New Orleans Enacts Law to Prohibit Hairstyle DiscriminationOn December 22, 2020, New Orleans Mayor LaToya Cantrell signed into law the CROWN Act (Calendar No. 33,184). The new law prohibits employment discrimination in the City of New Orleans ...
- California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies RetroactivelyBy: California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively By: California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively Since April 2018, when the California Supreme Court ...
- New Pay Equity Reporting Requirements In California Are Due SoonBy: New Pay Equity Reporting Requirements In California Are Due Soon In September of last year, Governor Newsom signed SB 973, California’s first statutory employee data reporting requirement. SB 973 became ...
- Virginia Passes Permanent Standard on COVID-19 The Virginia Safety and Health Codes Board enacted a Permanent Standard on COVID-19 in workplaces in a 9-4 vote on January 13, 2021. jQuery(document).ready(function($) { if ( $.fn.waypoint ) { $("#facebook-after-21974").waypoint( function() { $("#facebook-after-21974").sharrre({ ...
- Ohio Governor Signs Employment Law Uniformity Act Into Law, Establishing Two-Year Limitations Period Ohio Governor Mike DeWine has signed the Employment Law Uniformity Act into law. The Act will go into effect April 12, 2021, and applies to all future discrimination claims filed on or ...
- California’s Proposition 24: Expanding Privacy Protections of California Consumers and Employees under “CCPA 2.0” California residents have voted to expand the California Consumer Privacy Act of 2018 with the California Privacy Rights Act of 2020 jQuery(document).ready(function($) { if ( $.fn.waypoint ) { $("#facebook-after-21964").waypoint( function() { $("#facebook-after-21964").sharrre({ share: ...
- Oregon Supreme Court Limits Employers’ Tools for Avoiding Excessive Attorney Fees for Minor Pay ViolationsOn December 31, 2020, the Oregon Supreme Court reversed the Oregon Court of Appeals’ decision in Mathis v. St. Helens Auto Center, Inc. jQuery(document).ready(function($) { if ( $.fn.waypoint ) { $("#facebook-after-21937").waypoint( function() { $("#facebook-after-21937").sharrre({ ...
- California Announces Pay Data Reporting Portal Will Open by February 15, 2021California’s Department of Fair Employment and Housing (DFEH) continues to advance toward the March 31, 2021 pay data collection deadline. When SB 973 was passed in September, DFEH had six ...
- Michigan Extends Lockdown but Permits Group Fitness Activities and Non-Contact SportsOn November 15, 2020, Michigan’s Department of Health and Human Services (MDHHS) issued an emergency epidemic order limiting gatherings and imposing restrictions, which included closing entertainment venues, recreational facilities, indoor ...
- Changes to the California Family Rights Act and Small Employer Family Leave Mediation California Governor Newsom signed Senate Bill 1383 (SB 1383) which greatly expanded the California Family Rights Act (CFRA), which took effect on January 1, 2021. Some of the notable changes ...
- New Year, New Standards: Florida Adopts the Federal Summary Judgment Standard On December 31, 2020, the Florida Supreme Court announced the amendment of Florida’s summary judgment standard, adopting the more relaxed federal summary judgment standard, in an effort to improve the ...
- New York City Enacts Amendments to New York City Fair Chance Act Following Mayor Bill de Blasio’s non-action on the bill passed by the New York City Council in December expanding the scope of New York City’s Fair Chance Act (FCA), the amendments have ...
- Washington: New COVID-19 Roadmap to Recovery Plan Washington State Governor Jay Inslee has issued Proclamation 20-25.12 and the Healthy Washington – Roadmap to Recovery Plan, which create a new two-phase, regional framework of business reopening and social distancing rules to ...
- Private Employers in California Have Broad Discretion to Terminate Employees for Participation in Capitol InsurrectionBy: Private Employers in California Have Broad Discretion to Terminate Employees for Participation in Capitol Insurrection Businesses across the country are cutting ties with workers who took part in last week’s ...
- Cal/OSHA Publishes Updated FAQs on COVID-19 Emergency Temporary StandardOn January 8, 2021, Cal/OSHA issued a much-awaited second set of FAQs to its COVID-19 Emergency Temporary Standards (ETS). The following are ten key takeaways: jQuery(document).ready(function($) { if ( $.fn.waypoint ) { $("#facebook-after-21862").waypoint( ...
- New York City Says Goodbye to At-Will Employment for the Fast Food IndustryOn January 5, 2021, New York City Mayor Bill de Blasio signed legislation that effectively ends at-will employment for fast food employees in New York City. The new law takes ...
- The City of San Jose Extends and Expands Its Supplemental Paid Sick Leave OrdinanceThe City of San Jose recently passed an ordinance extending its supplemental paid sick leave ordinance until June 30, 2021 and expanding it to apply to all employers with employees ...
- Cal/OSHA Clarifies COVID-19–Related Paid Time Off RequirementsOn January 8, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) issued an updated version of its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked ...
- Nevada Supreme Court Rules Courts May Blue-Pencil Unreasonable Noncompetition Agreements if the Agreement Includes Modification ProvisionOn December 31, 2020, the Nevada Supreme Court issued an opinion addressing and clarifying several issues relating to the power of the court to reform or modify an unreasonable noncompetition ...
- Agricultural Employers Challenge Cal OSHA’s Emergency Temporary Standard on COVID-19 PreventionAt the end of 2020, California approved the Division of Occupational Safety & Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). Among the many requirements in the new ETS, Cal ...
- New Legislation Provides New York City Fast Food Workers with Increased Job Protections New York City Mayor Bill de Blasio signed two new bills into law that increase job protections for fast food workers, which will take effect in 180 days jQuery(document).ready(function($) { if ( ...
- New Jersey Court Rules Complaints Concerning COVID-19 Measures May Be Protected Whistleblower Activity (January 8, 2021) On November 2, 2020, the New Jersey Superior Court of Essex County in Loeb v. Vantage Custom Classics Inc., ruled that a plaintiff could proceed with a lawsuit against his former employer ...
- D.C. City Council Passes Bill Banning Non-Compete Agreements The District of Columbia City Council unanimously passed a bill titled “The Ban on Non-Compete Agreements Amendment Act of 2020” on December 15, 2020. jQuery(document).ready(function($) { if ( $.fn.waypoint ) { $("#facebook-after-21842").waypoint( function() ...
- Michigan Amends COVID-19 Legislation Michigan has amended its COVID-19 legislation, codified as the COVID-19 Employment Rights Act (MCL 419.401 et seq.) (Act), effective December 30, 2020. New 2020 PA 339 amends the Act to include references to ...
- California Court of Appeal Analyzes ‘Salary’ Test Under Administrative ExemptionUnder California law, an employee is exempt from California’s overtime requirements and other wage and hour laws if the person is employed in an administrative capacity. To meet this exemption, ...
- DFEH Releases Family and Medical Leave Tool KitThe Department of Fair Employment and Housing (DFEH), the administrative agency charged with enforcing the California Family Rights Act (CFRA), has released new documentation for Family and Medical Leave that ...
- San Jose Revises Emergency Paid Sick Leave Law While Other California Localities Take Steps Toward Similar ActionOn January 5, 2021, California’s 2021 emergency paid sick leave landscape became clearer as San Jose enacted a revised emergency paid sick leave ordinance, and Los Angeles County directed staff ...
- Minnesota Eases COVID-19 Restrictions on Businesses To start off the new year, Minnesota Governor Tim Walz signed Executive Order 21-01 (Protecting Recent Progress and Cautiously Resuming Certain Activities) on January 6, 2021, easing some of the current restrictions ...
- Boston Extends COVID-19 Restrictions, at Least Through January 27, 2021 In an effort to mitigate the spread of COVID-19 and protect hospital capacity, Mayor Martin J. Walsh announced the City of Boston will remain in modified Phase Two, Step Two of the Reopening ...
- New York City Enacts Legislation Expanding New York City’s Fair Workweek Law On January 5, 2021, New York City Mayor Bill de Blasio signed into law two pieces of legislation passed by the New York City Council, Int. No. 1415-A and Int. No ...
- Mississippi Should Follow New Federal Treatment of PPP Deductions When Congress recently passed Consolidated Appropriations Act of 2021, it explicitly reversed the IRS’s earlier position that expenses paid with non-taxable forgiven PPP loan proceeds could not be deducted. jQuery(document).ready(function($) { if ( ...
- Private Attorneys General Act Round-Up for 20202020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims. The California courts focused on ...
- Minneapolis Increases Protections for Freelance WorkersThe growth of freelance work has exploded in recent years and shows no signs of stopping. Effective January 1, 2021, a new ordinance that could have a significant impact on ...
- New Year, New Rates for CA EDD Benefits and Under the San Francisco Paid Family Leave OrdinanceThe California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2021. Employers are required to withhold and send state disability contributions to the ...
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