News & Analysis as of September 25, 2024

State Labor Laws

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

Littler on 8/14/2024

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/2/2024

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

PAGA Paraphrased – AB 2288 and SB 92

Seyfarth Shaw LLP on 6/25/2024

AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and...more

New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

Littler on 6/11/2024

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019...more

New Jersey Supreme Court Finds 2019 Amendments to the Wage Payment Law and Wage and Hour Law are Not Retroactive

Saiber LLC on 5/23/2024

In a recent unanimous decision by the New Jersey Supreme Court in Christopher Maia v. IEW Construction Group, the seven-judge panel reversed the prior judgment of the Appellate Division and held that the August 6, 2019,...more

New Jersey “Wage Theft” Amendments Apply Only Prospectively

Ballard Spahr LLP on 5/21/2024

In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs...more

New York City Bans Contractual Provisions Shortening Period of Time to File Complaints or Civil Actions Relating to...

Littler on 5/14/2024

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action,...more

Navigating the Challenges of California’s PAGA Law: Insights for Employers

Falcon Rappaport & Berkman LLP on 2/5/2024

California’s Private Attorneys’ General Act, or PAGA, just celebrated its 20th birthday despite repeated, failed attempts at its repeal. California’s Labor Code is among the strictest in the nation and California law affords...more

New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/5/2023

New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations...more

New York Extends Statute of Limitations for Filing Claims of Unlawful Discrimination with the Division of Human Rights

Bond Schoeneck & King PLLC on 11/27/2023

November 27, 2023 By: Gianelle M. Duby On Nov. 17, 2023, Gov. Kathy Hochul signed Senate Bill S.3255, which amends Section 297 of the New York Executive Law by extending the statute of limitations for filing complaints of...more

Colorado Amends Equal Pay Transparency Posting Requirements, Extends Statute of Limitations for Wage Discrimination Claims to Six...

Littler on 6/8/2023

On June 5, 2023, Governor Polis Signed SB 23-105 into law, which will significantly change employers’ job posting and promotional notice obligations in Colorado. The law amends Colorado’s pay transparency statute, which has...more

New York's Expanded Whistleblower Protection Law: What Changed in 2022?

Dorsey & Whitney LLP on 12/22/2022

Sweeping amendments to New York’s whistleblower law took effect in 2022. The law was amended to provide significantly greater protection from retaliation for individuals who raise concerns of employer wrongdoing. The amended...more

2022 California Labor, Employment, and Independent Contractor Legislative Update

Perkins Coie on 10/25/2022

With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

Littler on 8/29/2022

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra...more

California Trial Courts Continue To Interpret Johnson v. Maxim Healthcare Narrowly When Applying PAGA’s One-Year Statute of...

Akin Gump Strauss Hauer & Feld LLP on 8/25/2022

Last year, the California Court of Appeal raised eyebrows by ruling that a plaintiff could pursue a Private Attorneys General Act (PAGA) claim for alleged violations of Labor Code Section 432.5, even though the statute of...more

Employers Will Likely Face New Litigation Challenges As New York Passes ‘Adult Survivors Act’

Fisher Phillips on 6/9/2022

New York State lawmakers have fiercely supported the #MeToo movement through codification of certain laws. Most recently, on May 24, Governor Kathy Hochul signed the Adult Survivors Act (ASA) into law, which provides...more

New Litigation for Employers on the Horizon: New York Passes the Adult Survivors Act

Venable LLP on 6/3/2022

On May 24, 2022, New York's governor signed the Adult Survivors Act, S.66A (the ASA) into law. The ASA will revive sexual abuse claims that have expired under the applicable statute of limitations period. ...more

The Continued Expansion of New York's Workplace Harassment Protection

Venable LLP on 4/22/2022

In March 2022, New York Governor Kathy Hochul signed three new bills into law that bolster New York State's anti-harassment and anti-discrimination laws. These three enacted laws address (i) release of employee personnel...more

Sweeping Expansion of Protections Relating to Workplace Discrimination on the Horizon in New York State

Proskauer - Law and the Workplace on 3/17/2022

A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State. Several of...more

California Court of Appeal Applies ‘Relation Back’ Doctrine to Substitute PAGA Plaintiff’s Claims Deadline

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/17/2022

On February 7, 2022, a California appellate court issued the latest decision regarding the Private Attorneys General Act (PAGA). Representative PAGA actions, which typically involve a relatively brief statute of limitations,...more

Top 5 New Workplace Laws Passed by Texas Lawmakers in 2021

Fisher Phillips on 12/23/2021

The Texas legislature had a jam-packed legislative session over the summer that will end up having a profound impact on workplace law in Texas. Among the most significant new laws that passed and took effect were measures...more

The 12 days of California Labor & Employment Series – Day 4: Changes to DFEH Processes and Increased Record Retention for...

Hinshaw & Culbertson - Employment Law... on 12/10/2021

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fourth day of the holidays, my labor and employment...more

New Law Expands Employer Record Retention Requirements and DFEH Enforcement Powers

Ervin Cohen & Jessup LLP on 12/10/2021

Senate Bill 807, which becomes effective January 1, 2022, will extend the period in which employers must retain personnel records for applicants and employees from 2 years to 4 years from the date the records were created or...more

Employers Beware: New York State Expands Whistleblower Protections Increasing Employer Liability

Genova Burns LLC on 11/4/2021

On October 28, 2021, New York Governor Kathy Hochul signed legislation amending the New York Labor Law (“Labor Law”) to substantially enhance the whistleblower protections afforded to private-sector workers who report alleged...more

Not So Fast: Trial Courts Finding PAGA’s Statute of Limitations Is Still Alive and Well After Johnson v. Maxim Healthcare

Akin Gump Strauss Hauer & Feld LLP on 10/18/2021

Earlier this year, the California Court of Appeal ruled that a plaintiff was permitted to pursue a PAGA claim for alleged violations of Labor Code Section 432.5, even though the statute of limitations on her individual claim...more

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Statute of Limitations › Employer Liability Issues › State Labor Laws

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