News & Analysis as of

Retaliation Employer Liability Issues New Legislation

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

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more

Littler

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

Littler on

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

Fisher Phillips

Time’s Up: New Kentucky Law Reduces Time Employees Have to Bring Discrimination and Wage Lawsuits

Fisher Phillips on

The Kentucky Legislature recently delivered good news to employers when it passed a new law reducing the time employees have to bring certain claims under state law, including discrimination, retaliation, wrongful discharge,...more

Sheppard Mullin Richter & Hampton LLP

Looking Ahead: New California Employment Laws for 2024

In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024....more

FordHarrison

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

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New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more

Littler

New York Enacts Greater Restrictions on Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

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On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of...more

Sheppard Mullin Richter & Hampton LLP

New California Law Makes It Easier for Employees to Establish Retaliation Claims for Alleged Labor Code Violations

On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill No. 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to...more

CDF Labor Law LLP

New Law Makes Establishing Retaliation Claims Easier For California Employees

CDF Labor Law LLP on

On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) 497, which makes it easier for employees to establish retaliation claims in California....more

Nossaman LLP

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Nossaman LLP on

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more

Quarles & Brady LLP

Key New Laws Affecting California Employers in 2024

Quarles & Brady LLP on

Last week, Governor Newsom finished signing 890 bills into law from the 2023 legislative session, while also vetoing 156 bills. These decisions will have far-reaching implications for California employers....more

Fisher Phillips

California Employers Face Challenges Under New Law Prohibiting Retaliation During “Emergency Conditions”

Fisher Phillips on

California employers will soon be prohibited from taking adverse action against employees who refuse to report to a workplace in an “emergency condition,” according to a bill Governor Newsom signed into law on September 29....more

Fisher Phillips

Top 10 New California Employment Laws Signed into Effect by Governor Newsom

Fisher Phillips on

As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more

Jackson Lewis P.C.

California Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency Conditions

Jackson Lewis P.C. on

On September 29,2022, California’s Governor Gavin Newsom signed Senate Bill (SB) 1044, which prohibits an employer in the event of an emergency condition from taking or threatening adverse action against any employee for...more

Sheppard Mullin Richter & Hampton LLP

What’s on Deck With Governor Newsom? Employment-Related Bills That May Soon Impact California Employers

In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the...more

Venable LLP

The Continued Expansion of New York's Workplace Harassment Protection

Venable LLP on

In March 2022, New York Governor Kathy Hochul signed three new bills into law that bolster New York State's anti-harassment and anti-discrimination laws. These three enacted laws address (i) release of employee personnel...more

Sheppard Mullin Richter & Hampton LLP

New York State Amends Its Workplace Anti-Discrimination and Anti-Harassment Laws

On March 16, 2022, New York Governor Kathy Hochul signed into law two amendments to the State’s workplace anti-discrimination and anti-harassment laws. First, the New York State Human Rights Law (“NYSHRL”), New York...more

Perkins Coie

November Tip of the Month: New York Whistleblower Statute

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On October 28, 2021, New York Governor Kathy Hochul signed into law legislation substantially broadening New York’s whistleblower statute. Specifically, while the statute previously protected only current employees in...more

Proskauer - Whistleblower Defense

New York’s Whistleblower Protection Law Is Dramatically Expanded

On October 28, 2021, New York Governor Kathy Hochul signed into law a bill dramatically expanding New York’s whistleblower statute, New York Labor Law § 740, which is scheduled to take effect on January 26, 2022. ...more

Cole Schotz

New York State Passes Law Providing Paid Time Off For COVID-19 Vaccination And Revises Domestic Travel Advisory

Cole Schotz on

On March 12, 2021, Governor Cuomo signed legislation (S2588A/A3354B) granting public and private employees paid leave in order to get a COVID-19 vaccine. The new law, which went into effect immediately, gives employees up to...more

Epstein Becker & Green

New Jersey DOL Issues Regulations Implementing COVID-19 Anti-Retaliation Law

Epstein Becker & Green on

On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (“Law”) prohibiting employers from taking any adverse employment action against employees who take, or request, time off due to an infectious disease that...more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

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Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Lewitt Hackman

Good News for California Employers Following a Difficult 2019 Legislative Session

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On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more

Hogan Lovells

Did California Ring the Death Knell or the Fight Bell in Trying to Ban Arbitration Agreements with AB 51?

Hogan Lovells on

California Governor Gavin Newsom recently signed into law 15 bills designed to provide greater employee protections in California.  Among those bills were Assembly Bill 9 (“AB 9”) and Assembly Bill 51 (“AB 51”), both of which...more

Flaster Greenberg PC

What Employers Need to Know About New Jersey's Tough New Wage Theft Law

Flaster Greenberg PC on

On August 6, 2019, New Jersey amended its Wage and Hour Law and adopted the new Wage Theft Act (WTA), creating one of the toughest wage and hour enforcement laws in the country. This law puts a high burden on employers and...more

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