News & Analysis as of

Employer Liability Issues Anti-Discrimination Policies State and Local Government

Conn Kavanaugh

A Guide for Massachusetts Employers Concerning Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based...

Conn Kavanaugh on

The federal government does not have legal authority to prohibit private-sector businesses from engaging in lawful Diversity, Equity, Inclusion and Accessibility practices, or mandate their removal. On January 21, 2025,...more

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more

Fisher Phillips

New California Law Allows For Local Enforcement of Employment Discrimination: 3 Tips to Make Sure You’re Protected

Fisher Phillips on

California will soon allow local governments to enforce not only the state’s employment discrimination claims but also local anti-discrimination laws that are more stringent than the state’s anti-bias laws. Governor Newsom...more

Foley & Lardner LLP

Utah Enacts H.B. 55, Impacting the Use of Confidentiality Clauses in Employment Settlement Agreements

Foley & Lardner LLP on

On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...more

Seyfarth Shaw LLP

California’s Civil Rights Department Releases Updated Pay Data Reporting Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 31, 2024, California’s Civil Rights Department released updated FAQs, Pay Data Reporting templates, and a User Guide for the upcoming California Pay Data Reporting submission for the 2023...more

Foley Hoag LLP

NYC Enacts Law Prohibiting Discrimination Based on Height and Weight

Foley Hoag LLP on

On November 22, 2023, New York City’s law banning discrimination in employment, housing, and public accommodations on the basis of an individual’s height and/or weight went into effect. The law, signed on May 26, 2023 by...more

Sullivan & Worcester

New York City Bans Discrimination Based on Height and Weight

Sullivan & Worcester on

Effective November 22, 2023, New York City has added height and weight to the list of characteristics protected against discrimination in employment, public accommodations, and housing (and other real estate). New York City...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Spilman Thomas & Battle, PLLC

Harassment Outside the Workplace: Can it Lead to Employer Liability?

While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an...more

DarrowEverett LLP

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

DarrowEverett LLP on

As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

Morgan Lewis

Florida’s ‘Stop WOKE’ Act Signed into Law, Limiting Employers’ Mandatory DEI Training

Morgan Lewis on

Governor Ron DeSantis signed the Stop WOKE Act (Florida HB7)—which prohibits employers from requiring employees to participate in certain types of diversity, equity, and inclusion training—into law on April 22....more

Sheppard Mullin Richter & Hampton LLP

New York State Amends Its Workplace Anti-Discrimination and Anti-Harassment Laws

On March 16, 2022, New York Governor Kathy Hochul signed into law two amendments to the State’s workplace anti-discrimination and anti-harassment laws. First, the New York State Human Rights Law (“NYSHRL”), New York...more

Fox Rothschild LLP

Montana Law Prohibits Discrimination Based On Vaccination Status

Fox Rothschild LLP on

Earlier this year, Montana became the first state to make discrimination based on vaccination status in employment illegal. Specifically, House Bill 702, passed as an amendment to the Montana Human Rights Act, prohibits...more

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

New Jersey Cannabis Regulatory Commission’s Rules and Regulations for CREAMMA Are Here: What Employers Need to Know

As we previously reported, on February 22, 2021, Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which, among other things,...more

Cole Schotz

New York State Passes Law Providing Paid Time Off For COVID-19 Vaccination And Revises Domestic Travel Advisory

Cole Schotz on

On March 12, 2021, Governor Cuomo signed legislation (S2588A/A3354B) granting public and private employees paid leave in order to get a COVID-19 vaccine. The new law, which went into effect immediately, gives employees up to...more

Littler

Bill Proposes Sweeping Expansion of Colorado Anti-Discrimination Statute

Littler on

The Colorado Legislature has formally introduced Senate Bill 21-176, the Protecting Opportunities and Workers’ Rights (POWR) Act, which would impose sweeping changes to Colorado’s anti-discrimination law....more

Faegre Drinker Biddle & Reath LLP

Getting Into the Weeds: What the Legalization of Recreational Cannabis Means for New Jersey Employers

New Jersey recently joined a growing number of states and territories — including Alaska, Arizona, Colorado, California, Washington, D.C., Illinois, Maine, Massachusetts, Montana, Nevada, Oregon, South Dakota, Vermont and...more

Tonkon Torp LLP

Don’t Forget To Update Your Anti-Discrimination Policies: Oregon Workplace Fairness Act Goes Into Effect October 1, 2020

Tonkon Torp LLP on

Although it may be the understatement of the century, a lot has happened in Oregon in 2020. An employer could be forgiven for overlooking that SB 726 – the Workplace Fairness Act (WFA) – goes into effect on October 1, 2020,...more

Epstein Becker & Green

New York City Proposes Rule to Clarify That, in Addition to Race, “Hair Discrimination” Could Implicate Religion and Creed … and...

Epstein Becker & Green on

As we previously reported, in 2019, the New York City Commission on Human Rights (“Commission”) provided legal enforcement guidance (“Enforcement Guidance”) advising that workplace grooming and appearance policies “that ban,...more

Hogan Lovells

Strategic litigation considerations for employers in light of the Virginia Values Act

Hogan Lovells on

As explained in greater detail in a prior alert, Virginia has enacted a number of new employment laws that increase employee rights and protections. Most of these new laws took effect on July 1, 2020....more

Seyfarth Shaw LLP

New York City Adopts Rules Clarifying the “Safety-Sensitive” Exception for Pre-Employment Marijuana Tests

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 16, 2020, the New York City Commission on Human Rights adopted new rules clarifying the catch-all “safety-sensitive” exception to the prohibition against New York City employers requiring job...more

Farella Braun + Martel LLP

Coronavirus and the Workplace: Guidance for Employers Resuming Operations

As states and localities begin to relax shelter-in-place requirements and allow businesses to reopen, the coronavirus pandemic presents new challenges for employers. In addition to operational and logistical questions...more

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