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Signed, Sealed, Delivered: New Jersey Implements Long-Delayed Landmark WARN Law

On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists....more

New Jersey Edges Closer to Implementing Landmark WARN Law

A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s WARN law. Back in January 2020, Governor Philip D. Murphy signed into law Senate Bill 3170, which...more

New Laws Postpone Washington Cares Act Employee Premiums to July 1, 2023, and Require Employers to Refund any Premiums Already...

On January 27, 2022, Washington Governor Jay Inslee signed House Bills 1732 and 1733, delaying and amending the Washington Cares Act (WA Cares).  Notably, for employers, the bills delay the obligation to withhold WA Cares...more

Washington Employers Allowed to Delay January 2022 Start Date for Collecting “Washington Cares Act” Premiums from Employees

In a statement on Friday, December 17, 2021, Washington Governor Jay Inslee announced that employers may wait to begin collecting premiums from employees for the new Washington Cares Act (WA Cares), while legislation is under...more

Radical Expansion of New Jersey WARN Act Nears

Sixteen months ago, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which radically expands employers’ advance notice and severance pay obligations under the Millville Dallas Airmotive Plant Job Loss...more

Dear Littler: How do we Determine Where Remote Employees “Work” for WARN Act Purposes?

Dear Littler: We are planning a layoff that will involve many of our employees who are working remotely during the pandemic.  How do we decide who works at a particular location for WARN counting purposes?...more

Warning to New York Employers: The NY WARN Act Now Requires WARN Notices be Sent to Additional Governmental Recipients

On November 11, 2020, Governor Andrew Cuomo signed into law Assembly Bill A10674a. The legislation, which took effect immediately, amended the New York Worker Adjustment and Retraining Notification (WARN) Act by substantially...more

Dear Littler: What Do We Do If We Cannot Bring Our Employees Back From Furlough?

Dear Littler: At the start of the pandemic, our company—like countless others—had to furlough a number of our employees. We thought we’d be able to fully resume operations by the summer. Unfortunately, COVID-19 is still...more

Maryland Enacts Mandatory WARN Act Obligations for Even Small Job Actions

Maryland recently enacted amendments to its Economic Stabilization Act to require that an employer implementing a “reduction in operations” must provide 60 days’ advance notice to employees and others, and also provide...more

The Next Normal: A Littler Insight on Returning to Work – Recalling Furloughed Employees and the Rehire Process

After COVID-19 abates, employers may determine that they cannot return all employees to the workforce. Some employers may need to recall employees on a slower timeline depending on demand, social distancing imperatives, and...more

DOL Issues COVID-19 WARN Act Guidance

Over the weekend, the Department of Labor published Frequently Asked Questions (FAQs) addressing COVID-19 issues under the federal Worker Adjustment and Retraining Notification Act (WARN). The FAQs break little new legal...more

Philadelphia Clarifies City’s WARN Act to Account for COVID-19-Related Closures

Late on April 20, 2020, the City of Philadelphia issued Temporary Emergency Regulations to the Philadelphia Notification of Intention to Close or Relocate Operations ordinance (Philadelphia WARN Act), continuing the trend of...more

WARN Act Risks Loom for Employers Re-Hiring or Un-Furloughing Employees to Receive Paycheck Protection Program Funding

Enacted as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, the federal Paycheck Protection Program (PPP) provides forgivable loans to businesses with 500 or fewer employees that have been adversely...more

New Jersey WARN Act Radically Expanded

Reducing your New Jersey workforce just became more expensive. On January 21, 2020, Governor Phil Murphy signed into law Senate Bill 3170.  This bill radically expands employers’ advance notice and severance pay obligations...more

Littler Lightbulb: Shining a Light on Key Issues as we Leap into 2020

The start of a new year always brings a fresh batch of employment concerns. While some workplace issues are evergreen, 2020 will present some unique challenges for employers. This Littler Lightbulb highlights some significant...more

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...more

Washington State Supreme Court Holds State Law Bars Discrimination Based on Obesity

Washington’s highest court has ruled that obesity is always an “impairment” under Washington’s Law Against Discrimination (WLAD), regardless of whether obesity is related to some other medical condition. ...more

Proposed Washington State Regulations Would Radically Increase the Minimum Exempt Salary Rate

On June 5, 2019, the Washington Department of Labor & Industries issued proposed amendments to Washington State’s white-collar overtime exemption regulations.  Both under the federal Fair Labor Standards Act (FLSA) and the...more

Washington State Enacts Fair Chance Act

Washington State has joined a number of other jurisdictions, including the Washington cities of Seattle and Spokane, by passing a “ban-the-box” law, known as the Washington Fair Chance Act (HB 1298). ...more

New Washington State Law Restricts Permissible Discovery of Plaintiff's Medical Records in Discrimination Lawsuits

A new Washington law (SB 6027) impacts the scope of discovery of a plaintiff’s medical records in litigation brought under Washington’s Law Against Discrimination (“WLAD”). The law will become effective on June 7, 2018....more

Washington State Legislature Responds to the #MeToo Movement

Washington has adopted four new laws addressing workplace harassment and discrimination. Three prohibit limitations on an employee’s disclosure or public pursuit of discrimination or harassment claims, while the fourth...more

New Pay Equity Law In Washington State

Washington State has joined the ranks of jurisdictions that have adopted expanded equal pay legislation. The Equal Pay Opportunity Act (EPOA) was signed into law on March 21, 2018, and will take effect on June 7, 2018....more

The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims

A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to...more

Exempt Employee Pay Minimums Will Increase in 2018 in Various States

As employers wait to see whether – and to what extent – the U.S. Department of Labor will revise the minimum amount they must pay to executive, administrative, and professionals for exemption from the Fair Labor Standards...more

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