1. The SECURE 2.0 Act of 2022 (“SECURE Act 2.0”) is a sweeping piece of retirement legislation with complex new provisions. This week, we highlight a few of the SECURE Act 2.0’s key changes for employer-sponsored 401(k) plans.

    Emergency Savings Account

    Beginning in 2024, employers can provide an emergency savings account, or ESA, for non-highly compensated employees. This must be funded with Roth contributions.

    Increased Involuntary Cashout Limits

    The SECURE Act 2.0 also increases involuntary cashout limits from $5,000 to $7,000 starting in 2024. A former employee who maintains a balance in a qualified retirement plan can present complications for plan administrators. Thus, plans may “cash out” former participants without their consent. Learn more - ebglaw.com/insights/secure-act-2-0-what-401k-plan-sponsors-need-to-know/

    Increased Catch-Up Contributions

    Starting in 2025, individuals ages 60 through 63 years old will be able to make catch-up contributions up to $10,000 annually, and that amount will be indexed to inflation.

    Other Highlights

    100 Industry Organizations Request Extension of Comment Period on FTC’s Proposed Noncompete Ban
    Trade Secrets & Employee Mobility
    Pete Steinmeyer, Erik Weibust, David Clark, Jeremy Oliver
    tradesecretsandemployeemobility.com/2023/01/articles/non-compete-agreements/100-industry-organizations-request-extension-of-comment-period-on-ftcs-proposed-noncompete-ban/

    FTC’s Noncompete Proposal Is Based on Misrepresentations
    Law360 (subscription required)
    Stuart Gerson, Erik Weibust
    ebglaw.com/insights/ftcs-noncompete-proposal-is-based-on-misrepresentations/

    Paying to Quit or Four Months’ Notice Has Workers Feeling Trapped
    Bloomberg Law (subscription required)
    Paul DeCamp quoted
    ebglaw.com/insights/paul-decamp-discusses-employment-contracts-and-policies/

    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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  2. A Trending News interview from Employment Law This Week®, featuring attorney Marc Mandelman:

    New Jersey’s WARN Act is set to become the strictest and most punitive in the nation. Marc Mandelman explains the new amendments and how they affect on-site and remote workers.

    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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  3. 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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  4. 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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  5. 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.

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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 ebglaw.com/employment-law-this-week/

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