Texas appeals court: State law protects LGBTQ workers

The Fifth Circuit Court of Appeals in Texas has ruled that employers are prohibited from discriminating against LGBTQ workers under the Texas Commission on Human Rights Act (TCHRA). Background: The TCHRA prohibits discrimination on the basis of sex, among other protected ...

Oregon releases family leave act FAQs

The Oregon Bureau of Labor and Industries (BOLI) has recently released guidance on the Oregon Family Leave Act (OFLA) in the form of frequently asked questions. Background: The OFLA requires employers with 25 or more employees to provide employees with unpaid job protected leave to care for ...

New York adds employment protections for recreational marijuana users

New York Governor Andrew Cuomo has signed Senate Bill S854A also known as the Marihuana Regulation and Taxation Act (the Act) into law. The Act, which is effective immediately, legalizes recreational marijuana use and establishes employment protections for recreational marijuana users. Senate ...

New Mexico repeals youth minimum wage

New Mexico has enacted legislation (Senate Bill 35) that will require employers to pay high school workers at least the minimum wage per hour. Background: Previously, New Mexico allowed employers to pay high school students (those who were regularly enrolled in secondary school and working ...

New Jersey Supreme Court reaffirms pregnant workers' rights

The New Jersey Supreme Court has clarified the scope of the state's Pregnant Workers Fairness Act (PWFA). Background: PWFA: In 2014 New Jersey's PWFA amended the New Jersey Law Against Discrimination (LAD) by adding "pregnancy or breastfeeding" as a protected class under the LAD. Among other ...

New Jersey issues COVID-19 vaccine guidance

The New Jersey Department of Labor (NJDOL) has released guidance clarifying the circumstances in which employers may require their employees to receive the COVID-19 vaccination prior to returning to work. April 2021 Guidance: The guidance says employers may require that their ...

Michigan continues hazard pay for direct care workers

Michigan has enacted legislation (House Bill 4047) that will provide funding to continue and expand hazard pay for direct care workers. Direct care workers employed by the following entities will be eligible for $2.25 per hour in hazard pay from March 1, 2021 through September 30, 2021: ...

Kentucky expands leave entitlement for adoptive parents

Kentucky has enacted legislation (House Bill 210) that amends and expands a state law that requires employers to provide leave to employees who adopt a child. Effective Date: House Bill 210 becomes effective 90 days after the adjournment of the state legislature. The legislature is expected to ...

Illinois restricts use of criminal records

Illinois has enacted legislation (Senate Bill 1480) that restricts the use of conviction records for employment purposes. Senate Bill 1480 took effect immediately. Restrictions: Under the law, employers are generally prohibited from using a conviction record for employment purposes unless: ...

Illinois DOL provides guidance on pay issues related to COVID-19 vaccine

The Illinois Department of Labor (IDOL) has provided guidance on providing employees pay, leave, and flexibility so they can get the COVID-19 vaccination. Employer-Mandated Vaccination Programs: In the guidance, the IDOL says that when employers require employees to get vaccinated, the ...

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