The California Supreme Court’s recent unanimous decision in Lawson v. PPG Architectural Finishes, Inc., __ P.3d __, 2022 WL 244731 (Cal., Jan. 27, 2022) clarified the burden for employers that are defending against whistleblower retaliation claims brought by employees. The state high court confirmed that the employee-friendly standard articulated in Labor Code section 1102.6 applies to claims for whistleblower retaliation brought under Labor Code section 1102.5, and that the burden-shifting framework borrowed from the United States Supreme Court’s decision in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 (McDonnell Douglas) ― which is applicable to employment discrimination cases ― is not the appropriate standard to use.

On February 14, 2022, the chapter amendment (S7882) to New York's Comprehensive Insurance Disclosure Act was recalled from the assembly and amended (S7882A). This revision or “amendment” of the chapter amendment removes the language “sold or delivered within the state of New York” from the statute.

The California legislature kept busy this past year, passing numerous labor and employment related laws. While there were fewer COVID-19 related laws than the previous year, the legislature continued its pattern of increasing regulations on businesses and employers. This alert provides a summary of the most significant employment related laws of 2021, all of which are in full effect as of January 1, 2021, unless otherwise specified.

For almost two decades, policyholders and insurers alike have wondered if the Fifth Circuit Court of Appeals got it right with its Erie guess in Northfield Ins. Co. v. Loving Home Care, Inc., 363 F.3d 523 (5th Cir. 2004), holding that Texas law should permit courts to consider extrinsic evidence when determining the duty to defend. On February 11, 2022, the Texas Supreme Court determined that it agreed with this holding when it was presented with a certified question from the Fifth Circuit in Monroe Guaranty Ins. Co. v. BITCO General Ins. Corp., No. 21-0232.

Effective May 15, 2022, New York City has amended the New York City Human Rights Law (NYCHRL) to make it “an unlawful discriminatory practice for an employment agency, employer, employee, or agent thereof to advertise a job, promotion, or transfer opportunity without stating the minimum and maximum salary for such position in such advertisement.”

On February 10, 2022, the United States Senate passed Senate Bill 2342 through a voice vote. Titled the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” Senate Bill 2342 (the Bill) is expected to be signed by President Biden and will take effect immediately.

On February 3, 2022, the Illinois Supreme Court issued a long-awaited, seminal ruling under the Illinois Biometric Privacy Act (BIPA). The court, in McDonald v. Symphony Bronzeville Park, LLC, held that the Illinois Workers Compensation Act (IWCA) does not pre-empt workplace claims arising under BIPA when no actual injury is alleged.

There were several important developments in labor and employment law last year in the State of Nevada, including changes to the hiring process, anti-discrimination protections, and COVID-19 vaccine-related and re-hire legislation.