With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications.¹ Closing out his first year in office, Governor Gavin Newsom signed more than 40 such bills on a wide variety of topics, ranging from antidiscrimination and workplace safety measures to the much-debated worker classification bill (AB 5) codifying the ABC test from last year’s Dynamex case.

On May 11, 2023, Canada passed An Act to enact Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the “Act”). As we reported previously, the Act will create supply chain transparency and reporting obligations for certain companies as part of Canada’s efforts to fight against forced labour and child labour in Canadian supply chains.

The Texas legislature meets only for approximately six months every other year. This session, many bills signed into law impact employers. This article summarizes some of these new laws and how they impact employment operations in the State of Texas.

State Preemption of Conflicting Local Laws (AKA the “Death Star Law”)

Eighth annual survey of more than 1,300 employers finds HR and business leaders grappling with increasingly complex compliance challenges, focused on preventing workplace harassment and pay inequality

Barry Kuretzky discusses a recent Ontario Superior Court decision that punished an employer for trying to intimidate an employee through what the judge determined was a meritless counter claim.

Human Resources Director Canada

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On November 30, 2023, the Colorado Court of Appeals in Tender Care v.

While significant bills impacting Connecticut employers were signed into law, proposed employer mandates on pay transparency, paid sick leave, and predictive scheduling failed to gain the necessary votes for passage in 2023. Here are some of the year’s notable legislative developments.

What Passed . . .

Effective October 1, 2023, unless otherwise noted:

The First Special Session of the 131^st Maine Legislature included debate about more than 2,000 bills. Many that were adopted will impact employers in the Pine Tree State. Below is a brief summary of important employment law changes enacted this session. 

An Act to Create the Maine Paid Family and Medical Leave Benefits Program

The budget signed by Maine Governor Janet Mills on July 11, 2023, included funding for one of the broadest and most generous paid family and medical leave programs in the country.

With 2023 in the rearview mirror, Connecticut employers may want to confirm they have implemented the necessary changes to address legislative developments that became effective January 1, 2024.

Connecticut Minimum Wage

When President Biden withdrew from the 2024 presidential campaign last month and endorsed Vice President Kamala Harris to be the Democratic Party’s nominee, the move resulted in several historical firsts. It also placed a swift focus on intersectionality and identity politics as tensions mount in the final stretch of the 2024 election cycle.

Littler Principal Cindy-Ann Thomas and her guests, University of North Carolina (Charlotte) Associate Chair of Communications Studies, Professor Debra C. Smith, and Littler Shareholder Bradford Kelley, explore:

If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be entitled to leave under the Oregon Family Medical Leave Act (“OFLA”), Oregon Sick Time law (“OSTL”), and the federal Family Medical Leave Act (“FMLA”).

After the UK general election was announced, the following legislation was approved by Parliament during what is known as 'the wash-up' period towards the end of May 2024. Some of these require further regulations to bring them into force, and when (or if) they will be brought into force will be largely dependent upon the new government’s priorities and policies. 

Paternity Leave (Bereavement) Act 2024

UPDATE: Since publication, we made a clarifying edit concerning the reasons an employee will be able to use paid sick leave under the amended law.

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory employer-sponsored meetings, immigration reporting, paid leave, and the minimum wage. Each new bill or ordinance is discussed below. 

New Law Expands and Clarifies Non-Compete Statute

Oregon’s Paid Family and Medical Leave Insurance Program (“Paid Leave Oregon”) generally provides eligible employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave. Since Paid Leave Oregon took effect on September 3, 2023, employees have been stacking Paid Leave Oregon leave benefits and Oregon Family Leave Act (OFLA) leave benefits, leaving employers frustrated with staffing shortages.

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v.

Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of.  According to a recent press release, January 1, 2023 will see the full or partial erasure in some 44,000 cases involving convictions for cannabis possession.  Individuals with eligible convictions for other crimes, including most misdemeanors and certain lesser felonies, will have to wait until the second half of 2023 as a result of implementation delays.

The Clean Slate Law & How it Works

The District of Columbia continues to implement broad employment initiatives, ranging from wage and hour laws to stricter civil penalties. The following is a rundown of key developments for employers to keep an eye on as we move into the next quarter of 2023.

DC Tipped Wage Workers Amendment Act

UPDATE: Governor Hochul signed this bill on November 16, 2023, which will take effect one year from signing.

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Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening.

State Law

Enacted on December 14, 2023, and effective February 12, 2024, Pennsylvania’s House Bill No. 689 amends Pennsylvania law relating to the expungement of certain criminal record information and employer immunity when hiring individuals with expunged records. 

Mike Paglialonga and Stephen Fuchs talk about the complicated patchwork of “clean slate” laws that multistate employers must consider when hiring.

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On June 30, 2022, the governor of Puerto Rico signed into law Act No. 52 (Act 52-2022), which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011, to address the pandemic-related issue of employees working remotely from the Island for “out-of-state” employers with no business nexus to Puerto Rico.

Pursuant to Act 52-2022, for taxable years commencing after December 31, 2021, businesses with employees working remotely from Puerto Rico will not be deemed “engaged in trade or business,” provided the following conditions are met:

On June 15, 2023, Nevada Governor Joe Lombardo signed SB 290, which requires early wage access (EWA) providers to obtain a license from the Commissioner of Financial Institutions. This is the first EWA law enacted by any state. 

Early Wage Access Generally

Bradford J. Kelley and Maria Malaver-Reyes discuss how Loper Bright will impact federal and state administration of AI statutes, regulations and guidance.

Westlaw Today

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New Jersey is the latest state to advance pay transparency requirements.  On September 26, 2024, the New Jersey state legislature passed Senate Bill 2310, which if signed and enacted by Governor Murphy (as is expected), would mandate that certain New Jersey employers disclose wage or salary ranges and general benefits information in each job posting/advertisement. The bill would also require that employers take “reasonable” steps to make opportunities for promotions known to current employees.

Applicability

Lauren J. Marcus, Amber M. Spataro and Francis A. Kenny discuss New Jersey’s new bill that would require employers to disclose wage or salary ranges and general benefits information in each job posting/advertisement.

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Alka Ramchandani-Raj talks about California’s SB 553, which represents the nation's first general industry workplace violence prevention safety requirements for employers.

State Net Capitol Journal

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On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015, which had been limited to poultry processing establishments.

Connecticut and Rhode Island construction industry employers are facing a significant increase in government scrutiny of their labor and employment practices over the next several years. On November 30, 2011, the Hartford office of the U.S Department of Labor's Wage and Hour Division ("U.S. DOL") issued a press release announcing a "multiyear enforcement initiative" aimed at improving what it sees as "widespread noncompliance with minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act" in the construction industry in both Connecticut and Rhode Island.

Rhode Island has joined the growing ranks of states that have enacted a sweeping pay equity statute. The Rhode Island law, which takes effect on January 1, 2023, amends the Rhode Island Equal Pay Law and places significant new burdens on both large and small businesses. The law seeks to “combat wage discrimination” by “strengthening and closing gaps in existing wage discrimination laws,” and does so by imposing new requirements on employers and essentially deems employers “guilty until proven innocent” when it comes to wage disparities. 

In a letter sent to Congress today, the Coalition expresses support for legislation that would modernize America’s workforce development and education system

Shannon Meade talks about how the Biometric Information Privacy Act (BIPA) has affected employers in Illinois and how SB 2979 would update it and tweak its liability guidelines.

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(May 8, 2024) – In an election year that could significantly impact the future of employment and labor law, U.S. employers expect heightened regulatory enforcement as they navigate a host of workplace issues, including the disruptive impact of artificial intelligence (AI) and managing divisive political beliefs among employees.

UPDATE: On May 17, 2024, Colorado Governor Jared Polis signed Senate Bill 24-205 into law, although not without reservations. Governor Polis sent a letter to the members of the Colorado General Assembly encouraging them to reconsider and amend aspects of Senate Bill 24-205 before it takes effect on February 1, 2026.

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law updates. Some states, like Maryland, have at least a dozen new laws and regulations taking effect this summer, tackling everything from vaping at work to pay discrimination.  Other states have just one, such as the state of West Virginia, which now restrains employers from acting against employees who store firearms in their vehicles on company property.