This week, we’re focused on California’s array of new and amended laws, including non-competes, employee cannabis usage, minimum wage, and protected time off.

Navigating New Laws: California’s Upcoming Deadlines for Employers

New laws are changing the workplace in California, with looming deadlines for employers to meet. However, what happens in California tends not to stay in California. So, how can employers in California and beyond prepare?

Epstein Becker Green’s David Jacobs and Chelsea Hadaway provide a rundown of some of the new and amended California laws and the preemptive steps employers can take to remain compliant.

Other Highlights

California Amends Non-Compete Law (Again) and Adds a Notice Requirement
Trade Secrets & Employee Mobility
David Jacobs, Jennifer L. Nutter, Phillip K. Antablin
tradesecretsandemployeemobility.com/california-amends-noncompete-law-again-and-adds-a-notice-requirement

NLRB Issues Final Rule on Joint-Employer Status, Answering a Major Question No One Asked
Management Memo
Erin E. Schaefer, Steven M. Swirsky
managementmemo.com/nlrb-issues-final-rule-on-joint-employer-status-answering-a-major-question-no-one-asked

Time Is Money: A Quick Wage-Hour Tip on . . . Wage Transparency Laws
Wage and Hour Defense Blog
Corben J. Green
wagehourblog.com/time-is-money-a-quick-wage-hour-tip-on-wage-transparency-laws

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.

Restrictions on non-competes have dominated the headlines this year. The Federal Trade Commission has proposed a rule banning non-compete agreements nationwide, Minnesota became the first state to ban non-competes since the 1890s, and the General Counsel of the National Labor Relations Board instructed regional offices to evaluate non-competes for potential violations of the National Labor Relations Act. In this special live episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer and Erik W. Weibust sat down with guests Gina Sarracino, Chief Counsel of Employment and Labor at Thomson Reuters, and Evan Michael, Executive Vice President and General Counsel at NFP, to discuss the hectic state of non-competes in 2023.

Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law.

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.

Other Highlights

California Employers: Increased Paid Sick Leave Effective January 1, 2024
Insights
Jennifer L. Nutter, Tryphena Liu
ebglaw.com/insights/publications/california-employers-increased-paid-sick-leave-effective-january-1-2024
ebglaw.com/insights/publications/california-employers-increased-paid-sick-leave-effective-january-1-2024

Massachusetts Non-Compete Laws: 2023 Update
Trade Secrets & Employee Mobility
David J. Clark, Erik W. Weibust
tradesecretsandemployeemobility.com/massachusetts-non-compete-laws-2023-update

What to Know About the New DOJ Mergers & Acquisitions (M&A) Safe Harbor Policy for Voluntary Self-Disclosures Made in Conjunction with Misconduct: Questions and Answers
Thomson Reuters Westlaw Today
Shannon K. DeBra, Melissa L. Jampol
today.westlaw.com/Document/Iac45c2976e9111ee8921fbef1a541940/View/FullText.html?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0&firstPage=true

What Do Cancelling Student Loan Debt and Banning Non-Competes Have in Common?
Employee Benefit Plan Review
Erik W. Weibust
ebglaw.com/insights/news/what-do-cancelling-student-loan-debt-and-banning-noncompetes-have-in-common

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/

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.

This week, we’re providing an overview of (i) the year-over-year increase in Equal Employment Opportunity Commission (EEOC) lawsuits, (ii) New York’s employee intellectual property (IP) law, and (iii) the collaborative agreement between the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL).

EEOC Lawsuits Increase

For fiscal year 2023, the EEOC reported a 50 percent increase in lawsuits filed by the agency compared to the previous year. The end of the fiscal year typically brings a spike in EEOC-filed lawsuits, but in 2023, that jump added to an already bustling year of EEOC litigation.

New York Law Protects Employee IP

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law that restricts the assignment of employee IP. The new law makes unenforceable any provision in an employment agreement that requires an employee to assign to the employer an invention developed on the employee’s own time. Learn more about the law: ebglaw.com/insights/publications/new-york-restricts-assignment-of-employee-intellectual-property

FTC and DOL Sign Collaborative Agreement

On September 21, 2023, the FTC and the DOL signed a new memorandum of understanding (MOU). The MOU outlines possible areas of collaboration between the two agencies, including information sharing, training, and investigations and enforcement activity. More info on the agreement: ebglaw.com/insights/publications/ftc-and-dol-sign-mou-for-cooperation

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

Other Highlights

California Governor Newsom Vetoes Statewide Ban on Caste Discrimination as “Unnecessary”
Workforce Bulletin
Lori A. Medley, Scarlett L. Freeman
workforcebulletin.com/california-governor-newsom-vetoes-state-wide-ban-on-caste-discrimination-as-unnecessary

Non-Compete Laws: Illinois – 2023 Q&A Guide for Employers
Trade Secrets & Employee Mobility
Peter A. Steinmeyer, David J. Clark
tradesecretsandemployeemobility.com/non-compete-laws-illinois-2023-q-a-guide-for-employers

California Enacts Statute That Furthers Efforts to Move Toward a Unified Health Care Financing System
Insights
John W. Eriksen, John T. Gilbertson, Kevin J. Malone
ebglaw.com/insights/publications/california-enacts-statute-that-furthers-efforts-to-move-toward-a-unified-health-care-financing-system

Employer Designates You as a Corporate Representative for Deposition: What to Do
Corporate Governance Advisor
Lauren Brophy Cooper, Thomas Kane
ebglaw.com/insights/news/employer-designates-you-as-a-corporate-representative-for-deposition-what-to-do

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/

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.

This week, we’re focusing on three recent Securities and Exchange Commission (SEC) charges against employers for violating whistleblower protection laws and how all employers should take extra steps to ensure compliance in their separation agreements.

SEC Cracks Down on Private Companies for Violating Whistleblower Protections

Recent charges issued by the SEC represent a dramatic change in the enforcement of whistleblower protections. Epstein Becker Green attorney Greg Keating explains how this can impact all employers, both public and private, and should encourage them to take a closer look at their existing separation agreements. Read more: workforcebulletin.com/employers-beware-sec-targets-employment-agreements-under-whistleblower-protection-rules

Other Highlights

New York Restricts Assignment of Employee Intellectual Property
Insights
Susan Gross Sholinsky, Hemant Gupta, Adelee Traylor
ebglaw.com/insights/publications/new-york-restricts-assignment-of-employee-intellectual-property

The EEOC Proposes Significant New Guidance on Workplace Harassment to Replace 30+ Years of Advice
Workforce Bulletin
Elizabeth Houghton LaGreca
workforcebulletin.com/the-eeoc-proposes-significant-new-guidance-on-workplace-harassment-to-replace-30-years-of-advice

They Finally Hit Refresh: After More than a Year of Delays, It Is Time to Officially Welcome WCAG 2.2
Workforce Bulletin
Joshua A. Stein, Shira M. Blank, Stephen A. Strobach
workforcebulletin.com/they-finally-hit-refresh-after-more-than-a-year-of-delays-it-is-time-to-officially-welcome-wcag-2-2

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.

This week, we’re recapping the Equal Employment Opportunity Commission’s (EEOC’s) Strategic Enforcement Plan, California’s expanded sick leave requirement law, and the ongoing worker strikes across the country.

EEOC Releases Strategic Enforcement Plan

On September 21, the EEOC published its Strategic Enforcement Plan for fiscal years 2024 to 2028. In the first enforcement plan issued under the Biden administration, the EEOC sheds light on its current priorities.

California Expands Sick Leave Requirements

California is set to enact a pandemic-inspired expansion to its paid sick leave law. The new bill would amend California’s standard paid sick leave law to permanently provide employees with more paid time off, including expanding the yearly leave requirement from three days (24 hours) to five days (40 hours).

Strikes Across the Country

Last Tuesday, 40,000 Las Vegas hospitality workers authorized a strike, joining some 362,000 workers who have gone on strike so far this year. That’s up from 36,600 striking workers in the same period just two years ago.

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

Other Highlights

California Employers: Amended Ban-the-Box Regulations Effective October 1, 2023
Insights
Jennifer L. Nutter, Tryphena Liu
ebglaw.com/insights/publications/california-employers-amended-ban-the-box-regulations-effective-october-1-2023

Eleventh Circuit Adopts Employer-Friendly Standard for Establishing Key Element of SOX Whistleblower Claim
Workforce Bulletin
Gregory Keating, Ashley Krezmien
workforcebulletin.com/eleventh-circuit-adopts-employer-friendly-standard-for-establishing-key-element-of-sox-whistleblower-claim

EEOC’s Proposed Regulation for Pregnant Workers Fairness Act Contemplates Abortion-Related Accommodations
Workforce Bulletin
Nancy Gunzenhauser Popper, Tammy Tran
workforcebulletin.com/eeocs-proposed-regulation-for-pregnant-workers-fairness-act-contemplates-abortion-related-accommodations

Time Is Money: A Quick Wage-Hour Tip on … The 8 and 80 Overtime System for Health Care Establishments
Wage and Hour Defense Blog
Jill K. Bigler
wagehourblog.com/time-is-money-a-quick-wage-hour-tip-on-the-8-and-80-overtime-system-for-healthcare-establishments

New York Paid Family Leave Benefits and Contribution Rates Changing (Again) in 2024
Workforce Bulletin
Nancy Gunzenhauser Popper, Genevieve M. Murphy-Bradacs, Alexandria Adkins, America Garza
workforcebulletin.com/new-york-paid-family-leave-benefits-and-contribution-rates-changing-again-in-2024

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/

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.