This week, we’re highlighting recent updates across the state and federal employment landscapes, including the New Jersey Supreme Court’s non-disparagement ruling, the U.S. Department of Labor’s (DOL’s) new artificial intelligence (AI) guidelines, and the DOL’s restructuring of Occupational Safety and Health Administration’s (OSHA’s) regional operations.

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New Jersey Supreme Court Limits Non-Disparagement Clauses

The New Jersey Supreme Court recently ruled that an employer cannot prevent an employee from talking about workplace harassment they experienced, even after a settlement. The court held that to construe non-disparagement agreements otherwise would violate New Jersey’s Law Against Discrimination.

Decoding DOL's New AI Guidelines

The DOL’s Wage and Hour Division has published guidance directing field staff on employers' use of AI. The guidance lists various examples of workplace AI and identifies potential compliance challenges those AI systems pose to employers.

DOL Restructures OSHA Regions

The DOL has announced that it is restructuring OSHA's operations; establishing a new regional office in Birmingham, Alabama; and consolidating two regions into a single San Francisco, California, office.

Other Highlights

EEOC Final Rule Implementing the Pregnant Workers Fairness Act Ignites Lawsuits from 19 States
Workforce Bulletin
Jennifer Stefanick Barna, Marguerite McGowan Stringer, Janae Barrett

Challenging the FTC’s Non-Compete Rule: Epstein Becker Green Submits Amicus Brief on Behalf of 11 National Trade Organizations
Trade Secrets & Employee Mobility
Erik W. Weibust; Katherine G. Rigby; A. Millie Warner; Carolyn O. Boucek; Edward J. Loya, Jr.

Colorado’s Historic SB 24-205 Concerning Consumer Protections in Interactions with AI Signed into Law, After Passing State Senate and House
Workforce Bulletin
Adam S. Forman, Nathaniel M. Glasser, Alaap B. Shah

DOL Offering Webinars on Final Overtime Rule
Wage and Hour Defense Blog
Michael S. Kun

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About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®. 

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