Now that we’re almost half-way through 2023, it’s time again to review the developments in state and local labor and employment laws. State legislatures and city councils continue to be very busy making new laws and amending existing laws. In fact, due to the large number of updates, we are splitting our post into two parts. Today’s update covers Arkansas through Montana. Part two, with updates for the remaining states (New Jersey through Washington), will be posted later this week.

Arkansas

• The Arkansas CROWN Act amends the State’s Civil Rights Act by clarifying that race and national origin discrimination includes discrimination “on account of a natural, protective, or cultural hairstyle.” Protected hairstyles under the Act include “afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance.” The amendments are expected to take effect July 31, 2023.

California

• Ninth Circuit Strikes Down A.B. 51 – In an opinion issued February 15, 2023, the Ninth Circuit struck down a California law (A.B. 51), which made it a criminal offense for an employer to require an employee or applicant to agree to an arbitration provision as a condition of employment. The Court held that A.B. 51 was preempted by the Federal Arbitration Act. For background on A.B. 51 and the Ninth Circuit’s opinion, see here.
• San Francisco Private Sector Military Leave Pay – Under the ordinance, which went into effect...

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