2021 was a year of significant new developments in Massachusetts employment law. Some of the new compliance challenges facing Massachusetts employers included the staggered commencement of paid leave benefits under the Massachusetts Parental and Family Medical Leave Act (PFMLA), increases in the state minimum wage, gradual elimination of Sunday and holiday premium pay requirements for some – but not all – legal holidays, and a new emergency paid sick leave mandate for qualifying reasons related to COVID-19.

Colorado is an at-fault, modified comparative negligence state, so a plaintiff can recover only if his or her negligence is less than 50% when compared against the negligence of all other tortfeasor. Colorado’s comparative negligence act, codified at C.R.S § 13-21-111, mandates a comparison of the relative degree of negligence of the plaintiff, the defendants, and any responsible non-parties. 

While employers were busy dealing with the pandemic and the on-again/off-again world of the OSHA ETS orders, the Tenth Circuit further complicated the timekeeping responsibilities of employers. Employers across the country use computer software to track employee time. On a typical day, hourly employees across the nation boot up their computers, log in to their timekeeping software, punch the digital clock, and begin work. Now, according to the Tenth Circuit, employers must pay employees for the computer “boot up” time.

New York State recently enacted the Comprehensive Insurance Disclosure Act, amending the C.P.L.R. As we discussed in our recent alert, these amendments will be unduly onerous on both carriers and insureds. Governor Kathy Hochul would appear to agree and "redlined" the bill with numerous proposed changes before signing it.

On December 31, 2021, New York State Governor Hochul signed into law the Comprehensive Insurance Disclosure Act. The alleged justification for the act was to reduce the use of “delaying tactics” by compelling disclosure of the complete primary, excess, and umbrella policies implicated by the claim. These amendments will be unduly onerous on both carriers and defense counsel—for a multitude of reasons. It imposes an obligation on the insurer to immediately identify excess policies, eroding policies, and other information or contracts that affect the available coverage.

Two high-ranking Department of Justice (DOJ) officials announced that the Biden Administration is prioritizing environmental regulatory enforcement over compliance assistance. This new policy is in contrast to the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA)'s previous emphasis on compliance and pollution mitigation instead of enforcement actions under the prior administration.

As artificial intelligence (AI) continues to cement itself in society, an increasing number of employers are relying on smart technology in the hiring and recruitment processes. Because AI can analyze the skills and behavior of applicants, some employers are using AI to review applicants’ resumes and video interviews.

It’s the end of the year, which, for employers, means it’s time to look at what new laws and updates are going into effect that will be important to know. Oregon has seen a number of new employment laws passed in the last year. Below are a few that every employer in the Beaver State should be aware of.