1. A Trending News interview from Employment Law This Week®

    What should an employer do when a high-performing, highly compensated employee leaves to work for a competitor?

    Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. Our all-star panel of attorneys features Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust.

    Subscribe and listen to our extended editions of the podcast on your preferred platform – Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

    We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. This week, we take a closer look at the Federal Trade Commission’s (FTC’s) proposed nationwide ban on non-compete agreements, New York State’s expansion of breastfeeding accommodations, and pay transparency guidance released by the California Labor Commissioner.

    FTC Proposes Ban on Non-Competes

    The FTC recently proposed a new ban on non-compete agreements in employment contracts. The proposed ban would prohibit all non-compete clauses for both employees and independent contractors, and it requires any existing agreements to be scrapped. Learn more - ebglaw.com/insights/ftc-proposes-rule-banning-noncompetes-what-employers-need-to-know-now/

    New York Expands Breastfeeding Protections

    Last month, New York State amended the Nursing Mothers in the Workplace Act to expand accommodations for breastfeeding workers. This expansion is part of a national trend, as evidenced by the recent passage of the federal omnibus bill at the end of last year adding new protections for nursing employees and reasonable accommodations for pregnant workers at the federal level. Learn more - ebglaw.com/insights/new-year-new-federal-protections-for-pregnant-and-nursing-workers/

    California Releases Guidance on Pay Transparency Law

    The California Labor Commissioner’s office released guidance clarifying its salary disclosure law at the eleventh hour, just ahead of its effective date of January 1.

    Other Highlights

    New York Employers: Check Your Compliance with Workplace Posting Requirements
    Workforce Bulletin
    Eric Emanuelson, Nancy Gunzenhauser Popper
    workforcebulletin.com/2023/01/06/new-york-employers-check-your-compliance-with-workplace-posting-requirements/

    New Year Reminder for New Jersey Employers: Employment Law Updates and Poster Requirements
    Insight
    Mickey Neuhauser, Eric Emanuelson
    ebglaw.com/insights/new-year-reminder-for-new-jersey-employers-employment-law-updates-and-poster-requirements/

    What's in Store for 2023? These D.C.-Area Business Leaders Offer Their Takes — and Resolutions
    Washington Business Journal (subscription required)
    Mark Lutes quoted
    bizjournals.com/washington/news/2023/01/06/dc-area-business-predictions-resolutions-2023.html?ana=RSS&s=article_search

    Halting Harassment®: Online Training
    Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. This week, we outline a few of the key trends in employment law for the new year.

    Forecasting Employment Law in 2023

    In 2023, we expect to see a renewed focus on pay transparency, with several states expanding existing regulations to require salary ranges in job postings. New paid leave and time-off requirements for employers are being introduced, including bereavement leave and paid family leave by virtue of the COVID-19 pandemic. Additionally, attention grows on discrimination and harassment in the workplace, including the expansion of protected categories and regulations targeting bias in automated decision-making tools.

    Other Highlights

    Time Is Money: A Quick Wage-Hour Tip on … New State and Local Minimum Wage Rates Go Into Effect on January 1, 2023
    Wage and Hour Blog
    Michael Kun
    wagehourblog.com/2022/12/articles/wage-and-hour-policies/time-is-money-a-quick-wage-hour-tip-on-new-state-and-local-minimum-wage-rates-go-into-effect-on-january-1-2023/

    NLRB Opens the Door for Contract Workers to Engage in Off-Duty Section 7 Activities Wherever They Work
    Management Memo
    Ashley Krezmien, Catherine Kang, Neresa De Biasi, Erin Schaefer, Juan Larios
    managementmemo.com/2022/12/23/nlrb-opens-the-door-for-contract-workers-to-engage-in-off-duty-section-7-activities-wherever-they-work/

    Michigan’s Whistleblower Law Protects Employees Reporting Violations of “Suspected” Laws
    Workforce Bulletin
    Adam Forman, Greg Keating
    workforcebulletin.com/2022/12/22/michigans-whistleblower-law-protects-employees-reporting-violations-of-suspected-laws/

    The “Community of Interest” Saga Continues – the Return of Micro-Bargaining Units
    Management Memo
    Ashley Krezmien, Neresa De Biasi, Erin Schaefer
    managementmemo.com/2022/12/22/the-community-of-interest-saga-continues-the-return-of-micro-bargaining-units/

    Connecticut Non-Compete Laws: 2022 Update
    Trade Secrets & Employee Mobility
    David Poppick, Elizabeth Torkelsen
    tradesecretsandemployeemobility.com/2022/12/articles/non-compete-agreements/connecticut-non-compete-laws-2022-update/

    Halting Harassment®: Online Training
    Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

    # vimeo.com/786063789 Uploaded 1 Views 0 Comments
  4. This week, we’re recapping some of the most significant changes that impacted employers in 2022.

    2022 – A Year in Review

    While employers continued to navigate changing restrictions around COVID-19, the immediacy of the challenge gave way to other pressing issues in the workplace.

    We saw a renewed regulatory focus on pre-pandemic issues, such as pay equity and pay transparency. The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization on abortion introduced novel questions regarding employee benefits. Advances in technology brought forward new issues in areas like artificial intelligence and, above all, solidified remote and hybrid work models as employers sought to attract and retain talent.

    Other Highlights

    A New Protected Activity for New York Employees: “Lawful Absences”
    Insight
    Corey Argust, Genevieve Murphy-Bradacs, Naomi Friedman
    ebglaw.com/insights/a-new-protected-activity-for-new-york-employees-lawful-absences/

    NLRB Dramatically Increases Liability for Unfair Labor Practices with Far-Reaching “Consequential Damages”
    Management Memo
    Adam Abrahms, Neresa De Biasi, Catherine Kang
    managementmemo.com/2022/12/15/nlrb-dramatically-increases-liability-for-unfair-labor-practices-with-far-reaching-consequential-damages/

    Abortion-Related Time Off After Dobbs: How the FMLA and Other Laws Might Apply
    Insight
    Frank Morris, Susan Gross Sholinsky, Jennifer Barna, Mason Gardner
    ebglaw.com/insights/abortion-related-time-off-after-dobbs-how-the-fmla-and-other-laws-might-apply/

    Persisting Challenges Five Years After #MeToo
    Bloomberg Law Practical Guidance (Subscription Required)
    Nancy Gunzenhauser Popper, Sherelle Wu, Adam Tomiak
    ebglaw.com/insights/persisting-challenges-five-years-after-metoo/

    WORKFORCE (re)imagined.TM
    Click here to find out how we can help with return-to-work or hybrid workforce issues.
    ebglaw.com/services/employment-labor-workforce-management/return-to-work/

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING

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  5. This week, we discuss how the Speak Out Act pays homage to the fifth anniversary of the #MeToo movement, outline the enhanced implications of the California Privacy Rights Act, and note the record-breaking numbers set by the Securities and Exchange Commission’s (SEC’s) whistleblower program.

    President Biden Signs the Speak Out Act

    Last week, President Biden signed the bipartisan Speak Out Act into law, which takes effect immediately. The new law limits the enforceability of pre-dispute non-disparagement and non-disclosure clauses relating to sexual assault and sexual harassment claims.

    Enhanced Data Privacy Obligations for California Employers

    Effective January 1, 2023, covered businesses that employ California workers must comply with the new California Privacy Rights Act. This legislation makes California the first state to extend data privacy rights to employees. Several additional significant employment laws will take effect in California in 2023.

    Read more: ebglaw.com/insights/california-employers-new-employment-laws-for-2023/

    SEC Whistleblower Office Releases Annual Report

    The SEC recently released its annual report to Congress detailing the record-breaking numbers from the Office of the Whistleblower for fiscal year 2022.

    Other Highlights

    New York City’s Automated Employment Decision Tools Law Enforcement Postponed Until April 15, 2023
    Workforce Bulletin
    Adam Forman, Nathaniel Glasser, Ridhi Madia
    workforcebulletin.com/2022/12/13/new-york-citys-automated-employment-decision-tools-law-enforcement-postponed-until-april-15-2023/

    NLRB General Counsel Proposes Lower Standard for Requiring Employers to Provide Financial Information
    Management Memo
    Adam Abrahms, Steven Swirsky, Neresa De Biasi
    managementmemo.com/2022/12/12/nlrb-general-counsel-proposes-lower-standard-for-requiring-employers-to-provide-financial-information/

    Punching In: Apple Store Union Gears Up for First Contract Talks
    Bloomberg Law Daily Labor Report
    Paul DeCamp quoted
    news.bloomberglaw.com/daily-labor-report/punching-in-apple-store-union-gears-up-for-first-contract-talks-28?context=search&index=0

    Accurate Job Descriptions Remain Critical for ADA Compliance
    Workforce Bulletin
    Fran DeLuca, Sherelle Wu
    workforcebulletin.com/2022/12/09/accurate-job-descriptions-remain-critical-for-ada-compliance/

    Issue Spotting Is Not Whistleblowing
    Workforce Bulletin
    Greg Keating, Daniel Green
    workforcebulletin.com/2022/12/06/issue-spotting-is-not-whistleblowing/

    WORKFORCE (re)imagined.TM
    Click here to find out how we can help with return-to-work or hybrid workforce issues – ebglaw.com/return-to-work/

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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Employment Law This Week®

Epstein Becker Green

Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at http://www.ebglaw.com/employment-law-this-week/

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