A marathon legislative session that spilled into overtime saw the Illinois Legislature pass multiple bills with important impacts on employment law in the Prairie State, including bills legalizing recreational marijuana, proscribing employers from requesting job applicants’ salary history, and instituting new limitations on the use of artificial intelligence, among others.

In Simmons v. Cornerstone Investments, LLC, et al, 2018-0735 (La. 05/08/19), a tort case involving a third party tortfeasor, the Louisiana Supreme Court recently held that the amount of medical expenses charged by a provider above the amount actually paid by a workers’ compensation insurer does not qualify as a collateral source under Louisiana evidentiary law, and thus, the “written off” amounts are admissible at trial.

In a recent reported decision, a Washington appeals court addressed the requirements of enforcing an arbitration policy that is an employment handbook. The court’s reasoning provides a number of reminders for employers who want to arbitrate employment claims.

The New York legislature recently passed several important measures that will alter civil jurisprudence in New York State and are expected to be signed by Governor Cuomo. Our New York office is committed to keeping all our clients advised of these important changes to New York law, and our attorneys will be ready to litigate the new rules as soon as they take effect.

On June 11, 2019, the New York Court of Appeals finally affirmed that no-fault insurers are not required to pay providers who do not operate in accordance with New York law in terms of licensing and incorporating, regardless of whether they prove the elements of common law fraud at trial. 

Per- and polyfluoroalkyl (PFAS) substances took center stage this week in the United States Senate with consideration of a bipartisan compromise that would mandate stronger new federal PFAS regulations.

Riding the “me too” wave, and in reaction to its own sexual harassment scandal, the Oregon legislature passed Senate Bill 726, known as the “Oregon Workplace Fairness Act.” Governor Kate Brown signed the bill into law on June 11, 2019, and parts of it take effect as early as this fall. These changes apply to every employer in Oregon and are not limited to sexual harassment claims.

On Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085, which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements.