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State Labor Departments Employer Liability Issues

DCI Consulting

Illinois Pay Reporting Update – Important Consideration for Returning Filers

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In recent years, there have been several state-specific pay reporting requirements taking effect after the recission of the nationwide EEO-1 Component 2 pay data collection. One such reporting requirement has been the...more

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

Oregon Bureau of Labor and Industries Proposes New Requirements Related to an Employer’s Response to Allegations of Harassment

On May 24, 2024, the Oregon Bureau of Labor and Industries (BOLI) issued a notice of proposed rulemaking to “clarify the rights of employees and the responsibility of employers following allegations of workplace harassment.”...more

Amundsen Davis LLC

Illinois’ Aims to Silence Employers --- Banning of Mandatory Captive Audience Meetings

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On May 26, 2024, the Illinois Legislature passed Senate Bill 3649 – titled the “Worker Freedom of Speech Act.” The legislation prohibits virtually all Illinois employers from discharging or disciplining any employee, or from...more

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

Jury Awards Hospital System Employees $100 Million in Damages for Time Clock Rounding, Meal Break Violations

On April 18, 2024, a jury in Seattle, Washington, determined that a not-for-profit hospital system employer would be required to pay nearly $100 million for time clock rounding and meal period violations, raising concerns for...more

DCI Consulting

Illinois Equal Pay Registration Certificate Deadline is March 23

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Employers subject to the Equal Pay Registration Certificate (EPRC) portion of the Illinois Equal Pay Act must submit application materials to the State of Illinois by March 23, 2024, to obtain an EPRC. The Equal Pay Act...more

Kilpatrick

Understanding the Illinois Paid Leave for All Workers Act – A Comprehensive Overview

Kilpatrick on

Effective January 1, 2024 - In an effort to address the evolving needs of the workforce and promote a healthier work-life balance, the state of Illinois has taken a significant step by enacting the Paid Leave for All...more

Epstein Becker & Green

The New Year’s Eve Ball Is Dropping and New York’s Salary Thresholds Are Rising

On December 27, 2023, and just in time for the 2024 ball to drop, the New York State Department of Labor (NYSDOL) finalized the salary thresholds for exempt employees that were proposed as a part of Minimum Wage Order Updates...more

Locke Lord LLP

Permanent Changes for Temporary Employees: Illinois Expands Protections for Temporary Employees ‎and Implements Stricter...

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Amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) became effective on August 4, 2023. These amendments pose serious challenges for the way temporary labor service agencies (“Temp Agencies”) and...more

Morgan Lewis

New York State DOL Issues Proposed Regulations, Guidance on New York Salary Disclosure Law

Morgan Lewis on

The New York State Department of Labor (NY DOL) has issued proposed regulations and guidance to convey information on the state’s new salary disclosure law, effective as of September 17, 2023, and its key compliance areas,...more

Morgan Lewis

Illinois Expands Worker Protection Obligations of Companies Contracting with Day and Temporary Labor Service Agencies

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Illinois recently issued legislation expanding the information sharing and safety training obligations of companies that contract with day and temporary labor service agencies....more

McGuireWoods LLP

Illinois Amends Day and Temporary Labor Services Act

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On Aug. 4, 2023, Illinois Gov. J.B. Pritzker signed House Bill 2862 / Public Act 103-437 (the amendment), making significant changes to Illinois’ Day and Temporary Labor Services Act. Illinois’ Department of Labor (DOL)...more

Genova Burns LLC

New York State Department of Labor Updates its Mandatory Sexual Harassment Policy Requirements

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As New York State employers are well aware, effective October 9, 2018, New York State Labor Law Section 201-g requires that employers adopt a sexual harassment policy and provide annual employee sexual harassment training....more

Roetzel & Andress

Two New Laws Every Illinois Employer Needs to Know

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The law requiring that employers whose employees are scheduled to work at least 7-1/2 hours in a particular day must be provided with an unpaid meal break of at least 20 minutes no later than 5 hours into the workday has been...more

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

Manhattan District Attorney Sets Sights on Allegations of Employer Wage Theft

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg Jr. announced the creation of a special unit to “investigate and prosecute” wage theft, harassment, and exploitation of workers. He also announced the...more

Jackson Lewis P.C.

Connecticut ‘Clean Slate’ Law, Erasure of Criminal Convictions, Takes Effect January 1, 2023

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On January 1, 2023, a major law about the erasure and consideration of criminal convictions in employment in Connecticut will take effect. Passed by the Connecticut legislature and signed into law by Governor Ned Lamont in...more

Chartwell Law

Pennsylvania Department of Labor & Industry Announces Increases in 2023 Pennsylvania Statewide Average Weekly Wage and...

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Under the Pennsylvania Workers’ Compensation Act, Pennsylvania workers who are out of work due to a work-related injury do not receive one hundred percent of their wages. Instead, they receive as compensation a portion of...more

McCarter & English, LLP

New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships

A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the...more

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

New York State Launches Hotline for Reporting Sexual Harassment in the Workplace

On July 19, 2022, New York Governor Kathy Hochul announced the launch of a statewide confidential hotline for complaints of workplace sexual harassment. The hotline was provided under Senate Bill No. S812B, which Governor...more

Williams Mullen

Higher OSHA Penalties Soon To Be Issued in North Carolina

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Tucked into the state budget recently passed by the General Assembly and expected to be signed by Governor Cooper is a provision, see here (reference Part XIII. Labor, page 131), that would dramatically raise the penalties...more

Husch Blackwell LLP

Employer Compliance: Illinois Issues Proposed Regulations Regarding Equal Pay Registration Certificate

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On May 20, 2022, the Illinois Department of Labor released the anticipated proposed administrative rules to implement Section 11 of the Illinois Equal Pay Act (IL EPA) requiring businesses of 100 or more employees to file an...more

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

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Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more

Genova Burns LLC

New Jersey Enacts Higher Penalties for Employee Misclassification

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On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New...more

Woods Rogers

Heat-Related Illness Prevention: Training and Supervision

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In the previous article, we highlighted tips for creating a heat-related illness prevention plan (HRIPP) and discussed the importance of considering total heat stress and personal risk factors. In this article, we will focus...more

Ballard Spahr LLP

Colorado’s Equal Pay and Promotion Transparency Regulations Overcome Challenge; Remain in Effect

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A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping...more

Fox Rothschild LLP

Labor Department Announces Proposed Rules For Determining Independent Contractor Status

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The Department of Labor, Wage and Hour Division (DOL), on September 25, 2020 issued a proposed rule clarifying how to distinguish between employees and independent contractors under the Fair Labor Standards Act (FLSA). ...more

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