News & Analysis as of

Hostile Environment State Labor Laws

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Troutman Pepper Locke

Federal Government’s Ping Pong Match on Independent Contractor Rule Is Distraction From Enhancing IC Compliance: January 2025 IC...

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Few federal regulations over the past five years have produced more needless concern by stakeholders than the independent contractor rules under the federal Fair Labor Standards Act (FLSA) issued by the different...more

Shook, Hardy & Bacon L.L.P.

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

Robinson & Cole LLP

Legal Update: Connecticut Supreme Court Adopts SCOTUS Definition of “Supervisor” for Establishing Vicarious Liability for Hostile...

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On August 1, 2024, the Connecticut Supreme Court ruled in O’Reggio v. Commission on Human Rights and Opportunities that the definition of “supervisor” set forth by the U.S. Supreme Court in Vance v. Ball State University to...more

Littler

Connecticut Adopts Narrow Definition of “Supervisor” for Hostile Work Environment Claims

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The Connecticut Supreme Court recently adopted the U.S. Supreme Court's relatively narrow definition of “supervisor” for use in determining when employers are liable under the Connecticut Fair Employment Practices Act (CFEPA)...more

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

New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and...

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements...more

Littler

Louisiana Becomes Latest State to Prohibit Nondisclosure Clauses Related to #MeToo Claims

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Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins...more

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

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The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

Seyfarth Shaw LLP

Proposed New Jersey Bill Would Lower Harassment Standard and Mandate Anti-Harassment Policy and Training

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Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report...more

Seyfarth Shaw LLP

Workplace Violence Prevention Plans Required For California Employers by July 2024(update)

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Senate Bill 553, signed into law by Governor Gavin Newsom, requires nearly all employers in the State of California to prepare a Workplace Violence Prevention Plan, train employees on how to identify and avoid workplace...more

Console and Associates, P.C.

Florida Is a Hotspot for Employment Discrimination Claims and Other Employment Lawsuits, According to Recent Report

Under both state and federal law, employers must pay their employees for the hours they work and are prohibited from discriminating against employees and job applicants. However, whether it is due to implicit bias, putting...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Too $hort And Compilation Damages

This week, the Court addresses whether offensive music can create a hostile work environment and considers when individual photos in a database constitute a “compilation” for purposes of copyright infringement damages. ...more

Fisher Phillips

Understanding Transgender Workers’ Rights: A Legal Update and 3 Best Practices for Employers to Create an Inclusive Environment

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Employers should review their diversity, equity, and inclusion (DEI) and anti-discrimination policies as federal and state laws protecting transgender workers continue to take shape. Earlier this month, the Equal Employment...more

Littler

Connecticut Appellate Court Declines to Expand Definition of “Supervisor” for Hostile Work Environment Claims

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In a recent decision, the Connecticut Appellate Court held that “supervisor” for hostile work environment discrimination claims brought under Connecticut law is the same as applied in similar federal claims brought pursuant...more

Littler

New York State Launches New Hotline for Workplace Sexual Harassment Complaints

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Earlier this year, Governor Kathy Hochul signed into law S.812B/A.2035B, which amended the New York State Human Rights Law, N.Y. Exec. Law § 296, to require the establishment of a state-wide, toll-free, confidential hotline...more

Epstein Becker & Green

Chicago Enacts New Sexual Harassment Prevention Requirements, Effective July 1

The Chicago City Council recently adopted an ordinance (“Amendments”) amending the Municipal Code of Chicago to require employers to provide training to employees and supervisors on sexual harassment prevention and bystander...more

Proskauer - California Employment Law

California Employment Law Notes - January 2022

Manicurist Can Proceed With Hostile Work Environment Claim - Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) - Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a...more

CDF Labor Law LLP

Complying with California’s Sexual Harassment Prevention Training Requirements

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In 2018, the California Legislature passed a slew of bills to prevent sexual harassment in the workplace, including Senate Bill No. 1343.  This bill expanded employee protections to require employers who employ 5 or more...more

Jenner & Block

California Enacts Further Restrictions on Use of Nondisclosure Agreements in Discrimination and Harassment Settlements

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The #MeToo movement caused a significant amount of legislative activity across the country, addressing, among other things, limits on the use of nondisclosure agreements in settlements of sexual harassment claims. Expanding...more

Foley & Lardner LLP

Texas Tackles Sexual Harassment by Placing Liability on Individual Members of Management

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Texas has taken aim at sexual harassment in the workplace. In a bold move by the Texas legislature, a new sexual harassment law (effective September 1, 2021) expands the definition of sexual harassment, heightens the...more

Jones Day

New Texas Law Expands Potential Liability for Sexual Harassment

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Texas, a traditionally employer-friendly state that seldom imposes requirements on employers that are more stringent than federal law, recently passed a new sexual harassment law that does just that. The law, which took...more

Morgan Lewis

New Texas Laws Expand Sexual Harassment Liability for Employers and Individuals

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Texas has expanded sexual harassment protections for employees in the workplace beyond those offered under federal law. As of September 1, 2021, individuals and all employers (including those with only one employee) may now...more

Wilson Sonsini Goodrich & Rosati

New Texas Law Expands Protections for Employees Asserting Claims of Sexual Harassment

Many states throughout the nation have been expanding employee protections under state and federal law. This year, Texas enacted two bills that significantly expand the protections for employees who assert a claim of sexual...more

Polsinelli

Texas Expands Sexual Harassment Protections for Employees

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Texas Governor Greg Abbott recently signed two new bills, effective September 1, 2021, which will arm employees with new tools and protections for asserting sexual harassment in the workplace claims. ...more

Epstein Becker & Green

Texas Expands Employer Liability for Sexual Harassment Claims, Effective September 1, 2021

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In the wake of the #MeToo movement, Texas joins a growing number of states enacting legislation that enhances employee protections against sexual harassment in the workplace. Effective September 1, 2021, any Texas employer...more

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