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As employers across the country embrace the use of artificial intelligence in their workplace activities, federal and state lawmakers are lining up to consider guardrails on common AI practices. From hiring to performance...more
As we predicted when the New York legislature passed a bill that would ban noncompetes in the state without even an exception for the sale of a business, Governor Kathy Hochul has said that she wants changes to the bill –...more
In the final hours of the 2023 legislative session, the New York Legislature passed Assembly Bill 1029C / Senate Bill 7551A, the “Clean Slate Act.” If signed by Governor Hochul, it will provide for the automatic sealing of...more
Nelson Mullins is continuously monitoring trends and state law changes regarding restrictive covenants in employment agreements. Several states have recently enacted or modified legislation that may significantly restrict an...more
Work Authorization Status - On August 2, 2021, Governor J.B. Pritzker signed into law Public Act 102-0233, which adds work authorization status to the list of protected classifications in Illinois. Effective immediately,...more
After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more
The past month has brought notable pay equity developments to the Mid-Atlantic, including pending legislation in Maryland, and a Third Circuit decision that might have far-reaching effects beyond the Philadelphia salary...more
The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more
Seyfarth Synopsis: The New Jersey bill that aims to push gig-economy workers and other independent contractors into the definition of “employees” was briefly paused at the end of the prior legislative session, but is expected...more
A bill to amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, also commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which the New Jersey Senate passed on December 16, 2019, if...more
With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more
The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities. ...more
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
Recently, New Jersey took several steps to severely restrict the use of independent contractors or gig workers in the Garden state. The latest effort is Bill S4204, which creates a presumption of employment status for...more
It’s been a long legislative year. And this being Governor Newsom’s first term in office, many observers have been anxiously awaiting to see what approach he takes when it comes to labor and employment legislation. Now all of...more
On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court’s Dynamex v. Superior Court decision. In Dynamex, the California Supreme Court adopted the so-called “ABC” test to...more
Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now heads back to the...more
On September 10, 2019, the California Senate passed AB5, a sweeping bill to control the use of independent contractors in the nation’s largest state. With the California Assembly concurring in the Senate’s amendments to the...more
Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more
On September 11, the California Assembly passed AB 5, a bill that codifies and expands the application of the strict independent contractor test (the “ABC test”) set forth in last year’s decision of the California Supreme...more
As of September 11, 2019, the California Senate and Assembly had both passed an employment bill (AB5) that, if signed by Gov. Gavin Newsom, would codify the recent extension of employment protections to workers previously...more
This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019. On September 11, 2019,1 the California...more
After months of debate and negotiations, the California State Legislature passed the controversial AB 5 on Wednesday, September 11, 2019, bringing it one step closer to being law. If passed, the new law is expected to impact...more
Following the launch of the so-called “MeToo” movement, the California Legislature (controlled by a Democratic supermajority) has aggressively churned out new bills that further strengthen the ability for workers to sue their...more
On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—that would potentially reclassify millions of independent contractors as “employees”...more