Legal Updates

New Employment Policy Standard from the NLRB

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

Definition of “Employer” Expanded Under California Anti-Discrimination Act

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

New Standard for Title VII Discrimination Claims in the Fifth Circuit

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

Oregon Aligns Family Leave Act with Paid Family Leave Act

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

Equal Liability for Contractors in Minnesota

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 to Provide Employment Protections for On-the-Job Training Participants and Apprentices

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

Baltimore Expands Anti-Discrimination Law

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 Passes Regulatory Consistency Act

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 Passes Protections for Nursing Mothers

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

Delaware Employers Allowed More Time to Respond to Workers’ Compensation Claims

Delaware has passed a bill providing employers more time to respond to their employees’ workers’ compensation claims. Effective October 1, 2023, the following deadlines have been extended: Click here to review Delaware’s unemployment compensation law.

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Los Angeles Passes Freelance Worker Protections Ordinance

The Los Angeles Freelance Worker Protections Ordinance, effective now, requires any contract between a hiring entity and a freelance worker valued at $600 or more to be in writing and include: Under the ordinance, “freelance worker” means an individual natural ... Read More

Nevada Adds Leave for Victims of Sexual Assault

Nevada has amended its domestic violence leave law to include victims of sexual assault on the list of employees eligible for leave from work. Under the amended law, an employee who has been employed for at least 90 days and who is ... Read More