News & Analysis as of September 20, 2024

Labor Regulations

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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 -

Washington State Tightens Noncompete Restrictions

Perkins Coie on 5/2/2024

Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

New Year, New Employment Laws in the Pacific Northwest

Buchalter on 1/3/2024

It is a new year, which means new employment laws for employers in the Pacific Northwest. The following is a brief overview of significant new laws and changes for Washington and Oregon employers (all effective January 1,...more

24 Employment Law Updates for the New Year

Polsinelli on 12/27/2023

Many state and local government employment laws go into effect on January 1, 2024. Here is a non-exhaustive list of 24 employment law updates to ring in the New Year...more

New York State Enacts Legislation Sealing Criminal Records

Seyfarth Shaw LLP on 12/6/2023

Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more

But we have an arbitration clause: Considerations when hiring Californians

Health Care Compliance Association (HCCA) on 11/6/2023

It’s 4:45 p.m. on Friday. The human resources (HR) director calls and tells you that your company—or if you are outside counsel, your client—is finally expanding their sales operation to the West Coast. As part of that...more

Beyond Appearances: New York City Enacts Legislation Prohibiting Discrimination Based on Height and/or Weight

Sheppard Mullin Richter & Hampton LLP on 9/12/2023

On May 26, 2023, New York City Mayor Eric Adams signed into law an amendment to the New York City Human Rights Law (NYCHRL) that bans employment discrimination on the basis of an individual’s height and/or weight. The...more

Time for Employers to Modify Minnesota Protective Covenant Templates

Sheppard Mullin Richter & Hampton LLP on 8/18/2023

For those employers who have not yet modified their Minnesota employment and non-compete templates, the time is now. Pursuant to MN SF 3035, as of July 1, 2023, Minnesota employers are prohibited from entering into...more

Illinois Expands Rights and Remedies for Temporary Workers

Perkins Coie on 8/15/2023

Governor J.B. Pritzker signed into law HB 2862 (Amendment) on August 4, 2023, which amends the Illinois Day and Labor Services Act (Act) by adding new equal pay obligations and safety and training requirements for employers...more

On the Horizon: Broad Employment Protections for Marijuana Users in the District of Columbia

Sheppard Mullin Richter & Hampton LLP on 4/25/2023

Last summer, the Washington D.C. Council unanimously passed a bill that prohibits employers from refusing to hire, terminating, suspending, failing to promote, demote, or otherwise penalizing any employee who uses marijuana,...more

Key Considerations for Employers in a Liquidity Crisis (Including With Respect to Silicon Valley Bank Closure)

A&O Shearman on 3/13/2023

The recent closure of Silicon Valley Bank (the “SVB Closure”) has created liquidity issues for many employers, which in turn may impact their ability to, among other things, timely pay employees and operate their compensation...more

Federal Ban on Non-Competition Agreements Introduced in the House of Representatives

Shutts & Bowen LLP on 10/25/2022

On September 1, 2022, Representative Mike Garcia introduced H.R. 8755, titled The Restoring Workers’ Rights Act (“RWRA”) to the House of Representatives, and if it passes and is ultimately signed into law, it will ban...more

Seattle’s New Independent Contractor Protections

Perkins Coie on 9/19/2022

Seattle’s new Independent Contractor Protections Ordinance (the Ordinance) took effect on September 1, 2022. The law requires certain employers to provide independent contractors with disclosures both before entering a...more

D.C. Council Approves the Cannabis Employment Protections Amendment Act of 2022

Baker Donelson on 7/12/2022

The District of Columbia is on the verge of joining other states and localities that prohibit testing applicants and employees for cannabis use as a condition of employment. On June 7, 2022, the D.C. Council approved the...more

Tightening the Vise: N.J. Further Expands Power to Thwart Employee Misclassification

Littler on 7/12/2021

On July 8, 2021, N.J. Governor Phil Murphy signed a package of bills expanding the power of the Department of Labor and Workforce Development (DOLWD) to enforce state wage, benefit and tax laws, and enhancing penalties for...more

Virginia Updates Overtime Law

Epstein Becker & Green on 7/2/2021

Effective July 1, 2021, Virginia employers must ensure that their pay practices comply with a new stand-alone overtime law called the Virginia Overtime Wage Act (“VOWA”). VOWA largely tracks the federal Fair Labor Standards...more

Virginia Wage Overtime Act: Ambiguities Astound Employers

Sands Anderson PC on 6/24/2021

As Virginia employers prepare for the new Virginia Overtime Wage Act (VOWA), ambiguities found in the act demand attention from employers, both private and public. We previously summarized the basics of the act here, but as...more

Pandemic-Born Rules: Nevada’s Newest Employment Laws

Littler on 6/21/2021

In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation, some of which affect employers. ...more

Employer-Mandated Disclosure of Wage Ranges and Expansion of Equal Pay Law Enacted in Connecticut

Robinson & Cole LLP on 6/15/2021

Beginning October 1, 2021, Connecticut employers, meaning those that employ at least one employee in the state, will be required to disclose wage ranges for vacant positions pursuant to an amendment of existing laws...more

The ‘Doobieous’ State of Marijuana Legalization for Virginia Employers

Sands Anderson PC on 5/20/2021

Even though Virginia will officially legalize the possession and distribution of small quantities of marijuana this summer, marijuana in all of its forms remains illegal under federal law. Federal prohibitions include...more

City “Right To Recall” Laws

Littler on 5/3/2021

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New California Legislation Requires Businesses to Rehire Employees Laid Off During the Pandemic

FordHarrison on 4/21/2021

On April 16, 2021, California Governor Gavin Newsom signed Senate Bill No. 93 (SB 93) – a “rehiring and retention” law. SB 93 creates new Labor Code section 2810.8, which requires certain hospitality businesses to rehire...more

Virginia's New Overtime Wage Act Continues a Trend of Employee-Sided Legislation

Sands Anderson PC on 4/19/2021

On March 30, 2021 Governor Northam signed the “Virginia Overtime Wage Act” into law. This new legislation, which goes into effect on July 1, 2021, continues the Commonwealth’s pro-employee push and will create new wage and...more

Colorado employers – are you providing required notices to your employees of all job postings and promotional opportunities?

Hogan Lovells on 4/15/2021

If your company has even one employee in Colorado, as of January 1, 2021, Colorado’s Equal Pay for Equal Work Act (EPEW) requires employers to notify employees within Colorado of all job postings and promotional...more

West Virginia Enacts Legislation to Clarify Worker Classification

Littler on 4/12/2021

Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021. The legislation provides standards for...more

Illinois Places Significant Restrictions on Employers’ Use of Criminal Conviction History and Imposes EEO Reporting Requirement

Epstein Becker & Green on 4/2/2021

Illinois recently enacted SB 1480 (or “Law”) which, among other measures, effective immediately, places significant restrictions on the ability of Illinois employers to refuse to hire a job applicant or take adverse action...more

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