News & Analysis as of September 23, 2024

Hiring & Firing › Legislative Agendas

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Labour’s Manifesto and Employment Law - What Can Employers Expect?

BCLP on 6/14/2024

This morning Labour launched its election Manifesto which, by implementing its “Plan To Make Work Pay” published last month, includes major employment law reform. The Plan, now supported by today’s Manifesto, is clear that...more

New York City Employers Must Display Workers’ Bill of Rights Poster Beginning July 1, 2024

Sheppard Mullin Richter & Hampton LLP on 5/23/2024

On November 2, 2023, the New York City Council passed a bill[1] requiring the New York City Department of Consumer and Worker Protection (“DCWP”), in coordination with the Mayor’s Office of Immigrant Affairs (“MOIA”), the New...more

OFCCP Week In Review: May 2024 #3

DirectEmployers Association on 5/21/2024

Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more

Washington State Tightens Noncompete Restrictions

Perkins Coie on 5/2/2024

Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

AI Legislation Update: March 26, 2024

Husch Blackwell LLP on 3/26/2024

Keypoint: Since our last update on US artificial intelligence (AI) legislation impacting the private sector, Utah enacted the first AI private sector bill of 2024, Oklahoma moved closer to passing an AI Bill of Rights,...more

OFCCP Week In Review: March 2024

DirectEmployers Association on 3/5/2024

Tuesday, February 27, 2024: U.S. OPM & OMB Jointly Published First Ever Strategic Plan on Hiring Military Spouses - Pursuant to an Executive Order (“EO) President Biden issued last summer, the U.S. Office of Personnel...more

New mandatory duty on employers to prevent sexual harassment in the workplace– are you ready

A&O Shearman on 2/8/2024

The Equality and Human Rights Commission (EHRC) has confirmed that it will be updating its existing Code of Practice and technical guidance on ‘Sexual harassment and harassment at work’ to address the new mandatory duty that...more

New York Governor Vetoes Proposed Ban on Noncompete Agreements

Troutman Pepper on 12/29/2023

Q. Did New York institute a ban against noncompete agreements? ...more

New York Non-Compete Ban is Off the Table—For Now

Seyfarth Shaw LLP on 12/27/2023

Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more

New York Legislature Considers Revised Non-Compete Ban

Seyfarth Shaw LLP on 12/27/2023

Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more

OFCCP Week In Review: December 2023 #2

DirectEmployers Association on 12/11/2023

Tuesday, December 5, 2023: JOLTS Report – Job Openings Decreased by 617k in September, Rate Decreased to 5.3% - Confirming that the U.S. jobs market is continuing to shrink (as the Federal Reserve hopes to help tame...more

New York Governor: “Balance” Is Needed on Noncompete Bill

Epstein Becker & Green on 11/30/2023

As we predicted when the New York legislature passed a bill that would ban noncompetes in the state without even an exception for the sale of a business, Governor Kathy Hochul has said that she wants changes to the bill –...more

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on 11/17/2023

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

New York State Bans Employers from Holding Mandatory “Captive Audience” Meetings

Sheppard Mullin Richter & Hampton LLP on 11/13/2023

On September 6, 2023, New York Governor Kathy Hochul signed a law that prohibits employers from requiring employees to attend employer-sponsored meetings the “primary purpose” of which is to communicate the employer’s...more

High Protections on Information Relating to Employees’ Cannabis Use

Sheppard Mullin Richter & Hampton LLP on 10/31/2023

On October 7, 2023, Governor Gavin Newson signed SB 700 into law, amending the California Fair Employment and Housing Act (FEHA). SB 700, effective January 1, 2024, expressly prohibits employers from requesting information...more

Florida Senate Considers Proposal Mandating Disclosure of Employment Contracts to Employees

Lowndes on 10/9/2023

SB 40, a proposed bill sponsored by Florida Senator Linda Stewart, would create a new statutory obligation for employers to provide a copy of an employment contract upon request by the employee....more

California Reaches Across State Lines to Invalidate Employee Non-Compete Agreements

Littler on 9/7/2023

We are in the final stretch of the California legislature’s first year of a two-year session. One bill that sped through the legislative process—without any registered opposition—is Senate Bill 699, which extends the state’s...more

Illinois is the Latest State to Enact a Salary Transparency Law

Sheppard Mullin Richter & Hampton LLP on 8/22/2023

Illinois is the latest in a growing trend among states and cities throughout the country to enact salary transparency laws. Illinois joins the ranks of California, Washington and Colorado, among others, requiring employers to...more

States’ Increased Policing of Artificial Intelligence in the Workplace Serves as Important Reminder to Employers

Sheppard Mullin Richter & Hampton LLP on 8/17/2023

Employers’ burgeoning use and reliance upon artificial intelligence has paved the way for an increasing number of states to implement legislation governing its use in employment decisions. Illinois enacted first-of-its-kind...more

Illinois Expands Rights and Remedies for Temporary Workers

Perkins Coie on 8/15/2023

Governor J.B. Pritzker signed into law HB 2862 (Amendment) on August 4, 2023, which amends the Illinois Day and Labor Services Act (Act) by adding new equal pay obligations and safety and training requirements for employers...more

Proposed Broad Non-Compete Ban Looms for New York Employment Sector

Nelson Mullins Riley & Scarborough LLP on 6/27/2023

On June 20, 2023, the New York Senate sent bill S.3100A/A.1278B to the desk of Governor Kathy Hochul to prohibit non-competition agreements broadly throughout New York State. This bill, if signed into law, will take effect...more

New York Lawmakers Propose Banning Noncompete Agreements

FordHarrison on 6/26/2023

Executive Summary: This month both the New York State (NYS) Senate and the NYS Assembly passed identical bills that effectively ban all noncompete agreements in the state of New York. If signed by Governor Kathy Hochul, the...more

New York Inches Closer to Banning Non-Compete Agreements

Robinson & Cole LLP on 6/26/2023

The New York State Legislature passed a bill on June 20, 2023, that seeks to prohibit employers from entering into non-compete agreements with their employees (the “Bill”). If signed by Governor Hochul, the Bill will be a sea...more

New York Legislature Bans Consideration of Most Older Convictions in Employment Decisions

Littler on 6/21/2023

In the final hours of the 2023 legislative session, the New York Legislature passed Assembly Bill 1029C / Senate Bill 7551A, the “Clean Slate Act.” If signed by Governor Hochul, it will provide for the automatic sealing of...more

Non-Compete Ban on the Horizon in New York?

Littler on 6/21/2023

Non-compete agreements may soon be unlawful in New York. The New York State Assembly passed A1278B on June 20, and the New York State Senate previously passed its counterpart bill, Senate Bill 3100A, earlier this month. If...more

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Hiring & Firing › Legislative Agendas

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