U.S. Citizenship and Immigration Services (USCIS) has clarified that all Form I‑9 (Employment Eligibility Verification) requirements remain in effect for areas affected by the 2023 Hawaii wildfire. That is, all employers must continue to complete and retain Form I‑9 for all individuals ... Read More

Emphasizing that existing state law generally voids contractual provisions by which a person is restrained from engaging in a lawful profession, trade, or business of any kind (with certain exceptions), California has passed a new bill establishing that any contract that is void as ... Read More

Effective immediately, the New York state legislature has amended Section 296-c of the New York Human Rights Law (“Unlawful discriminatory practices relating to interns”) to add gender identity or expression as a protected class for purposes of the intern provision of the law. In ... Read More

Pursuant to a new ruling from the National Labor Relations Board (NLRB), workplace policies will be scrutinized under a new standard, i.e., whether they have a “reasonable tendency” to discourage employees from engaging in protected activity. This is a more employee-friendly change ... Read More

The California Supreme Court recently ruled that the state’s Fair Employment and Housing Act (FEHA) permits a business entity acting as an agent of an employer to be held directly liable for employment discrimination. Note that, as is the case ... Read More

The Fifth Circuit recently held that liability for employment discrimination under Title VII of the Civil Rights Act of 1964 extends to “terms, conditions, or privileges of employment.” Previous to this decision, employers were liable only for discrimination in “ultimate employment decisions,” such as ... Read More

The Oregon state legislature has made several changes to the Oregon Family Leave Act (OFLA) to align it with Oregon’s Paid Family Leave Act. Changes to the OFLA include the following: The first two changes take effect on September 3, ... Read More

A new Minnesota law, effective now, requires a contractor entering into a construction contract to assume and be liable for any unpaid wages, fringe benefits, penalties, and resulting liquidated damages owed to a claimant or third party acting on the ... Read More

Oregon has added to its unlawful discrimination law. Effective January 1, 2024, an individual who participates in an on-the-job training program or in a registered apprenticeship program is considered to be in an employment relationship with the employer for the purposes ... Read More

The City of Baltimore has passed a bill titled “Unlawful Practices – Discrimination Based on Characteristics or Status,” which protects against discrimination based on an individual’s HIV or AIDS status or association with individuals with a particular status. The bill ... Read More

Texas has passed The Texas Regulatory Consistency Act, which reaffirms that the state has commercial regulatory authority and prohibits cities and counties from enacting any law that exceeds or conflicts with state law. Regarding the state’s labor code, the law specifically ... Read More

New Hampshire employers with six or more employees working in the state will be required to develop a policy to address the provision of sufficient space and reasonable break periods for nursing employees that need to express milk during working hours, absent ... Read More