News & Analysis as of September 19, 2024

Hiring & Firing › State Legislatures

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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 -

New Illinois Employment Laws (Likely) Coming Soon!

FordHarrison on 7/12/2024

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

Pumping the Brakes: New York Seeks to Curb AI Acceleration in Labor Market

Epstein Becker & Green on 7/12/2024

The past several years have witnessed a notable uptick in workplace artificial intelligence related legislation and agency enforcement attention, specifically focused on the infusion of AI or so-called automated...more

Colorado’s Landmark AI Legislation Would Create Significant Compliance Burden for Employers Using AI Tools

Littler on 5/17/2024

Colorado Senate Bill 24-205 (“SB205”), landmark legislation that expressly creates statutory tort liability for AI algorithmic discrimination in the employment context, has passed both houses of the Colorado General Assembly,...more

State Governments Move to Regulate AI in 2024

WilmerHale on 3/6/2024

Recently, New York Governor Kathy Hochul proposed sweeping artificial intelligence (AI) regulatory measures intended to protect against untrustworthy and fraudulent uses of AI. Presented as part of her FY 2025 Executive...more

OFCCP Week In Review: March 2024

DirectEmployers Association on 3/5/2024

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

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

Perkins Coie on 11/17/2023

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

State Legislatures Eye AI Regulation

Robinson+Cole Data Privacy + Security Insider on 9/8/2023

A growing number of states have enacted laws this year to study artificial intelligence (AI), ahead of possible legislative action to address expected threats to jobs, civil liberties, and property rights with the emerging...more

States’ Increased Policing of Artificial Intelligence in the Workplace Serves as Important Reminder to Employers

Sheppard Mullin Richter & Hampton LLP on 8/17/2023

Employers’ burgeoning use and reliance upon artificial intelligence has paved the way for an increasing number of states to implement legislation governing its use in employment decisions. Illinois enacted first-of-its-kind...more

Florida Employers Subject to E-Verify Law Beginning July 1, 2023

Shutts & Bowen LLP on 6/22/2023

Signed into law by Florida Governor DeSantis on May 10, 2023, SB 1718 will impact many private Florida employers, who will be required to use the U.S. Department of Homeland Security’s E-Verify System for their onboarding...more

Ones to Watch: Legislation Landscape for 2023

Littler on 3/14/2023

Three months into the new legislative year, with all but a handful of state legislatures currently in session, clear employment law trends for 2023 have emerged. Some of the more significant trends reflect the country’s...more

New Jersey Legislature Passes Bill to Implement Effective Date for NJ WARN Act Requiring 90-Day Notice and Severance Pay

Davis Wright Tremaine LLP on 12/23/2022

New Jersey has passed a bill to accelerate the effective date of amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act ("NJ WARN") passed in January 2020, which were originally scheduled to take effect...more

NYC Delays Enforcement of Automated Employment Decision Tools Law to April 15, 2023

Sheppard Mullin Richter & Hampton LLP on 12/14/2022

On December 12, 2022, the New York City Department of Consumer and Worker Protection (“DCWP”) announced that it would delay the date of its enforcement of the New York City Automated Employment Decision Tools Law (“AEDTL”)...more

New York City Issues First Round of Guidance Regarding Salary Transparency Law

Sheppard Mullin Richter & Hampton LLP on 4/11/2022

On March 22, 2022, the New York City Commission on Human Rights (the “Commission”) issued its first round of guidance regarding the salary transparency law (the “Salary Transparency Law” or “STL”) currently scheduled to take...more

California Enacts Law Requiring Certain Employers to Offer Open Positions to Laid Off Employees in the Travel and Hospitality...

Sheppard Mullin Richter & Hampton LLP on 4/28/2021

As travel begins to resume in California, the Legislature has imposed additional stringent requirements on employers in the travel and hospitality industries. Beginning April 16, 2021, Senate Bill 93 will require employers in...more

Maryland Employers: Get Ready For A Host Of New Employment Laws

Proskauer - Law and the Workplace on 5/27/2020

During the early days of the coronavirus pandemic, the Maryland legislature passed over 600 pieces of legislation, many of which relate to employment issues. Several of these bills, including ones that prohibit use of facial...more

Oregon Legislation To Prohibit Hair-Based Discrimination

Tonkon Torp LLP on 2/27/2020

It appears Oregon will be joining the wave of states enacting laws against hair-based discrimination. House Bill 4107 would amend antidiscrimination statutes in Oregon to include discrimination based on hairstyle. Following...more

Ban-The-Box Comes To Maryland

Fisher Phillips on 2/12/2020

Maryland has just joined a growing number of states and local jurisdictions — including Baltimore, Montgomery County, and Prince George’s County — in banning private employers from requesting information about an applicant’s...more

New York Lawmakers Expand Pay Equity Law and Ban Salary History Inquiries

Epstein Becker & Green on 7/9/2019

On the heels of passing sweeping changes to New York’s harassment and discrimination laws, the state legislature has approved major changes to New York’s pay equity statute. This two-pronged expansion of the equal pay law...more

Illinois Legalizes Recreational Marijuana: Impact on Employers

Proskauer - Law and the Workplace on 6/27/2019

Illinois will soon become the eleventh state to legalize the recreational use of marijuana. On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”). The CRTA,...more

Update on the West Virginia Legislature: Halfway Point - Issue 6

Spilman Thomas & Battle, PLLC on 2/11/2019

We are now just over halfway through the legislative session. By Friday, February 8, the 31st day of the 60 day regular session of the West Virginia Legislature, the House of Delegates had introduced 944 bills, while the...more

Update on the West Virginia Legislature - Issue 4

Spilman Thomas & Battle, PLLC on 1/28/2019

The dates below are the significant deadlines in this year's regular session: - February 12: Last day to introduce bills in the House of Delegates. This does not apply to bills originating in committee. - February 18:...more

Don’t Let Technology Run Away With Your Customer Information

Payne & Fears on 7/11/2018

For many companies, customer information ranks among its most important assets. Yet these days, employees often keep this sensitive customer information in electronic locations that are not readily accessible to or controlled...more

New Hampshire Expands Protections Against Discrimination to Include Gender Identity

Proskauer - Law and the Workplace on 6/11/2018

New Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018....more

October 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on 11/3/2017

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/2/2016

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

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Hiring & Firing › State Legislatures

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