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Employer Liability Issues State Legislatures

Sheppard Mullin Richter & Hampton LLP

California Assembly Committee Revives State’s Captive Audience Meeting Ban

On August 15, 2024, the Appropriations Committee of the California State Assembly passed SB 399 by a vote of 10–3. The bill had passed the Senate in 2023 and has been with the Assembly since, waiting for action and a vote....more

Littler

Hawaii's New “Captive Audience” Law: What Employers Need to Know

Littler on

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters. Hawaii recently joined several states,...more

FordHarrison

New Illinois Employment Laws (Likely) Coming Soon!

FordHarrison on

The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Sheppard Mullin Richter & Hampton LLP

PAGA Reimagined: A New Chapter for California’s Employers and Employees

On June 18, 2024, California Governor Gavin Newsom, Senate President pro Tempore Mike McGuire and Assembly Speaker Robert Rivas announced a tentative deal to reform a number of aspects of California’s Private Attorneys...more

Winthrop & Weinstine, P.A.

Employment Law Update: Frequently Asked Questions About 2024 Legislative Changes to Minnesota Employment Laws

Several new and revised statutes passed by the Minnesota Legislature significantly impact the rights and responsibilities of employers. Understanding these changes is important in helping employers minimize the risk of...more

Faegre Drinker Biddle & Reath LLP

2024 Faegre Drinker Legislative Session Recap

The 93rd Minnesota Legislature finished its business against a backdrop of chaos at midnight on Sunday, May 19, 2024, passing a 1430-page, 73-article omnibus bill that had been constructed earlier in the day. This massive...more

Faegre Drinker Biddle & Reath LLP

Minnesota’s 2024 Legislation Updates: Employment Law

As we reported in an alert last year, in 2023 the Minnesota Legislature enacted sweeping changes to the employment law landscape through the Jobs and Economic Development and Labor Omnibus Budget Bill. Now, Governor Tim Walz...more

Sheppard Mullin Richter & Hampton LLP

Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements

On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more

A&O Shearman

New York City proposes multiple bills to ban non-competes

A&O Shearman on

On February 28, 2024, members of the New York City Council proposed three bills that would restrict non-competes at various levels. This development follows the New York state legislature’s proposed non-compete ban, which...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employers Offering DEI Training Need To Monitor Both Pro- and Anti-DEI Court Challenges and Legislative Proposals

The U.S. Supreme Court’s June 2023 decision declaring the consideration of race in university admissions unconstitutional has had a significant impact on diversity, equity and inclusion (DEI) initiatives....more

Foley & Lardner LLP

Drafting Non-Competes in a Shifting Regulatory Landscape

Foley & Lardner LLP on

As our readers are aware, we have been tracking the ongoing trend of restricting employee non-compete agreements by various states and the federal government, including the FTC and NLRB. In fact, some states — most notably...more

Schwabe, Williamson & Wyatt PC

Oregon Legislature Changes OFLA and Paid Leave Oregon Rules, Yet Again

In what many employers will regard as a welcome change, on February 27, 2024, the Oregon Legislature passed Senate Bill 1515 (which Governor Tina Kotek is expected to sign into law right away) to eliminate many of the...more

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

Segal McCambridge on

Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more

DirectEmployers Association

OFCCP Week In Review: March 2024

Tuesday, February 27, 2024: U.S. OPM & OMB Jointly Published First Ever Strategic Plan on Hiring Military Spouses - Pursuant to an Executive Order (“EO) President Biden issued last summer, the U.S. Office of Personnel...more

McAfee & Taft

New Texas law prohibits COVID-19 vaccine mandates by private employers

McAfee & Taft on

Texas Governor Greg Abbott’s latest push against vaccine mandates takes form in a new law now in force in the Lone Star State. Senate Bill 7 prohibits private employers from adopting or enforcing certain COVID-19 vaccine...more

Faegre Drinker Biddle & Reath LLP

The New Year Brings New Employer Obligations in Illinois

2023 was certainly a monumental year for Illinois employers, with increased legislative activity in Springfield and significant developments in both Cook County and the City of Chicago. As we settle into 2024, it may be a...more

Fenwick & West LLP

Governor Hochul Vetoes New York Bill Banning Non-Compete Agreements

Fenwick & West LLP on

On December 22, 2023, Governor Kathy Hochul vetoed legislation passed by New York lawmakers this past summer, which sought to ban nearly all non-competition agreements state-wide (as previously reported here). In a memo...more

Gibney Anthony & Flaherty, LLP

New York Governor Vetoes Proposed Noncompete Ban

On December 22, 2023, New York Governor Kathy Hochul vetoed S3100, a bill which would have prohibited virtually all contractual noncompete agreements restricting workers’ ability to leave their job for a role with a rival...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Bills to Watch in 2024

After a relatively quiet 2023 legislative season in New Jersey—if you consider a major overhaul of the state’s mini-WARN law and the enactment of a far-reaching Temporary Workers Bill of Rights quiet—New Jersey employers may...more

Ervin Cohen & Jessup LLP

New California Law Protects Victims of Sexual Harassment, Discrimination or Assault From Claims of Defamation

The California Legislature recently passed Assembly Bill 933, a bill expanding privileged speech to expressly include communications regarding factual information pertaining to incidents of sexual assault, harassment or...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Spilman Thomas & Battle, PLLC

Intentional Tort Legislation Damages Cap Passed in West Virginia Legislative Session 2023

In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive...more

Perkins Coie

Federal Court Rejects “Employer Knowledge” Defense in Arizona Wage Act Claims

Perkins Coie on

A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more

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