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Anti-Retaliation Provisions State and Local Government Employer Liability Issues

Ballard Spahr LLP

New Philadelphia Ordinance Aims to EmPOWER Employees

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On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections related to paid sick leave, wage theft, and domestic...more

Perkins Coie

Alaska Ushers in Increased Minimum Wage and Guaranteed Sick Leave

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Voters in Alaska approved Ballot Measure 1, which will boost Alaska’s minimum wage and provide guaranteed sick leave to workers. First, Ballot Measure 1 increases Alaska’s minimum wage to $13.00 per hour, effective July 1,...more

Foley Hoag LLP

New York Prohibits Retaliation Against Employees for Lawful Absences

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New York has passed a new law intended to ensure that workers are permitted to take lawful absences from work without being penalized. The new measure amends Section 215 of the New York Labor Law to prohibit an employer from...more

Perkins Coie

Washington, D.C., Ban on Non-Competes Postponed Until October 2022

Perkins Coie on

Mayor Muriel Bowser signed the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the Act) on January 11, 2021. The Act includes one of the most expansive bans on non-compete...more

Bradley Arant Boult Cummings LLP

New Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for...

Employers in Tennessee need to hold off on requiring COVID-19 vaccine proof from employees because they might run afoul of a newly minted law. On November 12, Tennessee Gov. Bill Lee signed an omnibus COVID-19 bill into law...more

ArentFox Schiff

New York HERO Act Requires Urgent Employer Action

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On May 5, 2021, in response to the COVID-19 pandemic, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”) into law. The NY HERO Act requires extensive workplace health and safety...more

Butler Snow LLP

Avoiding Safety-Based Workplace Retaliation Claims

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There finally seems to be a light at the end of the dark, COVID-19 pandemic tunnel. As spring transitions to summer, COVID-19 case numbers are decreasing while the vaccination rate is increasing. Given these positive...more

Conn Kavanaugh

Law Requiring all Massachusetts Employers to Provide COVID-19 Emergency Paid Sick Leave Signed by Gov. Baker, Effective...

Conn Kavanaugh on

Effective immediately, Massachusetts employers must furnish up to 40 hours of COVID-19 emergency paid sick leave (“COVID Leave”) to their employees, to be made available either through September 30, 2021, or until the...more

Sheppard Mullin Richter & Hampton LLP

Governor Signs Sweeping Changes to Illinois Employment Laws

Illinois’s Governor J.B. Pritzker recently signed Senate Bill 1480 into law, establishing new employer certification and reporting requirements, making sweeping changes to Illinois’s anti-retaliation law, and curtailing...more

Sheppard Mullin Richter & Hampton LLP

Governor to Consider Significant New Health and Safety Obligations as NY HERO Act Passes State Legislature

On April 23, 2021, the New York state legislature delivered a copy of the Health and Essential Rights Act (the “HERO Act” or the “Act”) to Governor Andrew Cuomo for signature. The legislation was created as a response to...more

FordHarrison

Chicago Enacts Vaccination Anti-Retaliation and Rights Ordinance

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On April 21, 2021, the City of Chicago enacted the Vaccine Anti-Retaliation Ordinance that provides all workers in Chicago with rights to obtain COVID-19 vaccinations during their work hours and imposes significant penalties...more

Jackson Lewis P.C.

Chicago City Council Passes Vaccine Anti-Retaliation Ordinance

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All Chicago workers, whether employees or independent contractors, have been granted additional legal protections under a new ordinance that makes it easier for them to receive the COVID-19 vaccine...more

Littler

Bouncing Back (and Forth): Statewide Reopening and Mitigation Steps (UPDATED)

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As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case metrics. While...more

Pillsbury Winthrop Shaw Pittman LLP

DC Council Passes COVID-19 Pandemic Emergency Workplace Safety Statute

On February 1, 2021, DC Mayor Bowser signed emergency legislation passed by the DC Council, requiring DC employers to “adopt and implement social distancing and worker protection policies to prevent transmission of COVID-19...more

Poyner Spruill LLP

Expansion Of Scope Of North Carolina Anti-Retaliation Act

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The Fourth Circuit, which is the federal court of appeals covering several states including North Carolina, in September, issued an unpublished opinion in the case of Driskell v Summit Contracting Group, Inc., involving the...more

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know About Colorado’s New Equal Pay Act

Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping,...more

Bradley Arant Boult Cummings LLP

Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant Employees

There is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face...more

Morgan Lewis

New Jersey Implements Workplace Safety Protocols, New Complaint and Investigation Processes

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Employers in New Jersey should be aware that a recent executive order mandating safety protocols in the workplace amid the coronavirus (COVID-19) pandemic creates complaint mechanisms for whistleblowers, with the potential...more

Seyfarth Shaw LLP

San Francisco Enacts Temporary Protections for Corona-Positive Workers And Applicants

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Seyfarth Synopsis: On September 1, 2020, the San Francisco Board of Supervisors approved another temporary emergency ordinance, this time protecting employees, contractors, and job applicants from adverse employment action if...more

Proskauer - Law and the Workplace

UPDATE: Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend

The proposed Chicago COVID-19 Anti-Retaliation Ordinance (the “Ordinance”) that was the subject of our post on April 27, 2020, has now become law...more

Littler

Chicago Enacts Additional Amendments to its Paid Sick Leave Ordinance

Littler on

On May 20, 2020, the Chicago City Council approved Substitute Ordinance 2020-2343 (“SO2020-2343”), the anti-retaliation ordinance to protect employees from adverse employment action taken due to COVID-19....more

Polsinelli

New Jersey Continues to Expand Worker Protections – New Protections for Misclassified Workers; New Potential Liability

Polsinelli on

In addition to bolstering the provisions of its mini-WARN Act (see Part I), New Jersey Governor Phil Murphy also recently signed into law expansive provisions aimed at deterring worker misclassification....more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

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Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Genova Burns LLC

New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For Investigations

Genova Burns LLC on

On December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, upholding an employer’s confidentiality instructions to employees involved in...more

Littler

Pittsburgh Paid Sick Days Act Will (Finally) Take Effect – Prepare for the Ides of March

Littler on

After more than a four-year delay, the City of Pittsburgh’s Paid Sick Days Act (“the Ordinance”) will go into effect on March 15, 2020.  The city passed the Ordinance in August 2015, but its authority to pass such a law was...more

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