News & Analysis as of September 20, 2024

Hiring & Firing › Private Right of Action

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Massachusetts Mandates Wage, Salary Transparency

Fox Rothschild LLP on 8/19/2024

Massachusetts employers with 25 or more workers will soon be required to include pay ranges in all job postings under a new state law aimed at increasing salary transparency. The Commonwealth joined the wave of states and...more

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

Fisher Phillips on 3/18/2024

At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

PEO Pointers: 2-Step Plan to Comply with Surprising New California Non-Compete Law

Fisher Phillips on 11/14/2023

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: new...more

Rhode Island Legislative Update

Partridge Snow & Hahn LLP on 7/21/2023

It is that time of year again, when the Rhode Island legislature ends its session and passes a number of laws that affect businesses with Rhode Island based employees. 2023 was no different. Following is a short summary of...more

No Private Cause of Action Under NJ’s CREAMMA

Saul Ewing LLP on 6/7/2023

New Jersey’s adult-use cannabis law does not provide aggrieved individuals with a private right of action, according to a recent decision from a New Jersey federal court. The Cannabis Regulatory, Enforcement Assistance, and...more

New Jersey Significantly Expands Rights and Protections of Temporary Workers Through the Recently Enacted Temporary Workers’ Bill...

Sheppard Mullin Richter & Hampton LLP on 5/26/2023

On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights, significantly expanding the rights and protections afforded to the 127,000 temporary workers in New Jersey. The new law, which...more

Top 8 Takeaways from New Jersey’s Sweeping “Temporary Workers’ Bill of Rights”

Fisher Phillips on 2/10/2023

New Jersey is leading the movement to create affirmative protections for temporary laborers. On February 6, Governor Murphy signed the “Temporary Workers’ Bill of Rights,” which strengthens protections for temporary workers....more

10 Takeaways as New Jersey Set to Drastically Limit Non-Competes and Other Restrictive Covenants

Fisher Phillips on 6/1/2022

The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

Holland & Knight LLP on 8/31/2021

The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on 8/20/2021

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA). Palmiter v. Commonwealth Health Sys.,...more

Employees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana Act

Ballard Spahr LLP on 8/11/2021

On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated...more

Nevada: New Laws Imposing New Requirements On Employers

Jackson Lewis P.C. on 6/30/2021

At the conclusion of the Nevada Legislature’s 81st Session, Nevada Governor Steve Sisolak signed several bills into law affecting every point of the employer-employee relationship, from application to termination. Changes...more

Connecticut To Require Disclosure Of Employee Wage Ranges, Expand Pay Equity Law

Fox Rothschild LLP on 6/18/2021

Governor Ned Lamont signed into law June 7, 2021, the Act Concerning the Disclosure of Salary Range for a Vacant Position (Act). The Act, which goes into effect October 1, requires Connecticut employers to provide certain...more

Pay Equity in Connecticut: New Legislation Requires Disclosure of Salary Ranges

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/9/2021

In January of 2019, Connecticut implemented legislation that, among other things, prohibited employers from inquiring about an applicant’s prior salary history. The Nutmeg State took it a step further yesterday, when Governor...more

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on 3/2/2021

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private Right Of Action

Jackson Lewis P.C. on 10/1/2020

A Pennsylvania federal court refused to dismiss an employee’s claim for violation of the Pennsylvania Medical Marijuana Act (MMA), reasoning that the Pennsylvania Supreme Court is likely to recognize a private cause of action...more

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

Littler on 2/14/2020

Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry

Cozen O'Connor on 2/12/2020

The New York City Council has proposed additional legislation that would have a major impact on businesses falling within the broad definition of “fast food establishments” and has scheduled a hearing on the bills for...more

Pennsylvania Court Allows Medical Pot User To Proceed With Wrongful Termination Suit

Seyfarth Shaw LLP on 2/4/2020

In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

Jackson Lewis P.C. on 1/17/2020

A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action...more

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

McNees Wallace & Nurick LLC on 7/25/2019

What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more

Toledo, Ohio Passes Ban on Salary History Inquiries

Proskauer - Law and the Workplace on 7/16/2019

Toledo, Ohio is the latest jurisdiction (and the second city in Ohio) to enact a law that will prohibit employers from asking job applicants about salary history....more

Toledo City Council Passes Ordinance Prohibiting Salary History Inquiries

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/1/2019

On June 26, 2019, the Toledo City Council approved Ordinance 173-19, titled “Pay Equity Act to Prohibit the Inquiry and Use of Salary History in Hiring Practices in the City of Toledo.” The law prohibits employers from...more

New York State Set to Enact Ban on Salary History Inquiries

Proskauer - Law and the Workplace on 6/25/2019

In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and employees about their...more

Pay Disparity Takes Center Stage with New Legislation

Benesch on 5/24/2019

On May 22, 2019, Colorado Governor Jared Polis signed into law the Equal Pay for Equal Work Act. The Act, first proposed nearly 40 years ago, will take effect on January 1, 2021....more

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Hiring & Firing › Private Right of Action

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