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.

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

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.

A Trending News interview from Employment Law This Week®, featuring attorneys Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust:

The year is coming to a close, and it was a big one in the world of trade secrets and non-competes. In this episode, we’re running down the key trends of 2022.

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.

This week, we break down the Equal Employment Opportunity Commission’s (EEOC’s) recent commissioner charges surrounding abortion travel benefits, potential changes to employer policies due to midterm election results, and the U.S. Supreme Court’s (SCOTUS’s) decision not to review whether COVID-19 justifies a violation of the Worker Adjustment and Retraining Notification (WARN) Act.

EEOC Commissioner Targets Abortion Travel

On the heels of Republican Commissioner Janet Dhillon’s resignation, it is reported that Commissioner Andrea Lucas, also a Republican, brought commissioner charges against several companies for offering abortion travel benefits.

Midterm Results Change Employer Policies

The midterm results are in, and many states have adopted new ballot measures. The results may require some employers to revise their policies and procedures.

SCOTUS Declines to Review Whether COVID-19 Exempted from WARN Act

Last week, SCOTUS declined to consider whether the COVID-19 pandemic qualifies as a natural disaster under the federal WARN Act. Natural disasters exempt employers from the WARN Act requirement to provide notice before a mass layoff or plant closing.


Other Highlights

A “Welcome Development”: DOL Proposes Self-Correction for Retirement Contribution Mistakes
HR Dive
Avi Bernstein quoted
hrdive.com/news/dol-proposes-self-correction-for-retirement-contribution-mistakes/637083/

New Jersey Health Care Workers: New Job Protections Following Changes in Control of Their Health Care Entity Employer
Workforce Bulletin
Mickey Neuhauser, Denise Dadika, Joanita Gakami
workforcebulletin.com/2022/11/18/new-jersey-health-care-workers-new-job-protections-following-changes-in-control-of-their-health-care-entity-employer/

NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace, Following the Recent Regulatory Trends
Workforce Bulletin
Steve Swirsky, Adam Forman, Nathaniel Glasser, Neresa De Biasi, Ridhi Madia
workforcebulletin.com/2022/11/18/nlrb-general-counsel-seeks-to-limit-employers-use-of-artificial-intelligence-in-the-workplace-following-the-recent-regulatory-trends/

Companies That Use Noncompetes Face Increased Risk of Government Action Following FTC’s Unilateral Expansion of Its Enforcement Powers
Trade Secrets & Employee Mobility
Erik Weibust
tradesecretsandemployeemobility.com/2022/11/articles/non-compete-agreements/companies-that-use-noncompetes-face-increased-risk-of-government-action-following-ftcs-unilateral-expansion-of-its-enforcement-powers/

Non-Compete Laws: Illinois – Q&A Guide for Employers, 2022 Update
Thomson Reuters Practical Law
Pete Steinmeyer, David Clark
ebglaw.com/insights/non-compete-laws-illinois-qa-guide-for-employers-2022-update/

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.