The Bottom Line In the three weeks since the proposed rule was released, the FTC has received over 5,600 comments, and many more are expected from interested individuals, companies, industry groups and trade associations.Until the final rule, if any, is implemented, companies should continue to Continue Reading
New Federal Law Limits Enforceability of Predispute Nondisclosure and Nondisparagement Clauses Related to Sexual Harassment
Bottom Line The federal Speak Out Act limits the enforceability of predispute nondisclosure and nondisparagement provisions related to incidents of sexual harassment and sexual assault.Employers should review and, if necessary, revise standard employment and restrictive covenant agreements to Continue Reading
California Employers: California Privacy Rights Act in Full Force on Jan. 1, 2023
The Bottom Line Employers’ obligations will expand considerably as of Jan. 1, 2023, given the expiration of the CPRA employee data exemption.California employers will need to comply with notice obligations and new individual rights, such as access and deletion.California employers should take Continue Reading
New York City and California Pay Transparency Laws: What Employers Need to Know
The Bottom Line New York City’s pay transparency law will require employers to include salary ranges in job postings beginning on November 1, 2022.California employers will also be required to disclose this information effective January 1, 2023.Employers should promptly review their internal Continue Reading
New York Employers Required To Notify Employees of Electronic Monitoring
The Bottom Line New York employers should review the scope of their electronic monitoring and determine which monitoring processes and activities could be covered by the new legislation.Starting May 7, 2022, employers that monitor or otherwise intercept employee phone, email and/or internet usage Continue Reading
New York Whistleblower Statute Amended to Significantly Expand Worker Protections
New York Governor Kathy Hochul signed Senate Bill S4394A on October 28, 2021, significantly expanding protections under New York’s whistleblower statute, New York Labor Law Section 740. Section 740 previously prohibited New York employers from retaliating against employees who disclosed or Continue Reading
Illinois Takes Steps to Limit Employer Use of Restrictive Covenants
The Bottom Line The Act impacts restrictive covenants entered into on or after January 1, 2022.The Act is sweeping in scope, and alters the landscape for restrictive covenants in Illinois. Employers should carefully review their non-compete and non-solicit agreements to ensure that they Continue Reading
California Expands Restrictions on Employers’ Use of Non-Disclosure Provisions
The Bottom Line Employers should review any form agreements for California employees that contain non-disparagement and/or confidentiality clauses and incorporate the newly required disclosure of rights language under SB-331.Companies that are settling workplace discrimination, harassment and Continue Reading
New Requirements for NYC Employers as Omicron Spreads
Update On December 15, 2021, the New York City Health Commissioner issued a Workplace Vaccination Order explaining the City’s vaccination mandate for private businesses. Additional information on the new requirements can be found on the NYC Health Department website and in FAQs. The Continue Reading
OSHA COVID-19 Vaccination and Testing Rules for Large Employers are Paused by Legal Challenges
The Bottom Line Employers with 100 or more employees should become familiarized with the OSHA ETS in the event the ETS is upheld following the resolution of numerous legal challenges.The ETS requires employers to implement and distribute a written policy to employees covering mandatory Continue Reading