In 2021, the New York State Legislature and the New York City Council were customarily active in adopting new laws and amending existing laws touching on labor and employment. Employers in these jurisdictions must continue to stay nimble in adjusting themselves to changes in the law that impact how they operate in a myriad of respects. We summarize the key developments in this alert.

Two decisions from New York's Appellate Division, Second Department, demonstrate the unpredictability of the courts when reviewing jury verdicts in personal injury matters involving expert testimony. 

Virginia courts are renowned for denying motions for summary judgment, at both the state and federal level. Indeed, it is difficult to prevail on a motion for summary judgment on simple liability defenses, but even more rare to secure summary judgment on an affirmative defense such as contributory negligence. In Admassu v. Speedway LLC, 1:21-cv-00581, the United States District for the Eastern District of Virginia (Alexandria Division) granted a motion for summary judgment in a slip-and-fall case, giving hope to defense lawyers who are considering whether to file such a motion in such cases in the future.

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.”