Workforce Bulletin

On December 28, 2022, New York Governor Kathy Hochul signed into law Senate Bill 9450, which added new enforcement provisions to the New York Health And Essential Rights Act’s (NY HERO Act) workplace safety committee requirements. The new law went into effect immediately upon the Governor’s signature.

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:

The holidays are over, and year-end bonuses are being paid, making January and the first quarter a common time for employees to jump ship to work for a competitor.

Our all-star panel of attorneys – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust – discuss what an employer should do in this situation.

On December 29, 2022, President Biden signed the Anti-Money Laundering Whistleblower Improvement Act (“the Act”) into law, overhauling the Anti-Money Laundering Act of 2020 (“AMLA”).  When initially passed, the AMLA met with extensive criticism by plaintiff-side whistleblower attorneys for failing to set a defined guaranteed rate for whistleblower awards, with the potential awards ranging from zero percent to thirty percent for identifying wrongful conduct in the anti-money laundering area.  In response to this criticism and to correct other “shortcomings,” Congress amended the law in 2022 through its omnibus budget to expand enforcement measures within the United States and beyond its borders by clarifying who can be a whistleblower and the rewards for successfully raising compliance complaints.  Below, we delve into these changes and their significance for employers.  Essentially, these changes will increase employers’ potential liability for retaliation claims by emboldening newly eligible whistleblowers and their lawyers to raise non-compliance complaints.

The wait is over. On January 10, 2023, New Jersey Governor Phil Murphy signed bills S3162/A4768 into law thereby making April 10, 2023 the effective date for the sweeping amendments to the state’s WARN Act  (“NJ WARN Act”), which had been placed on hold for three years due to the pandemic.

With the pause lifted, the new, and some would say Draconian, provisions will kick-in in less than three months.

As featured in #WorkforceWednesday:  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.

Now that the New Year is underway, employers should ensure that required messaging about employee/workers’ rights is up to date and conforms with federal, state, and local law.

As featured in #WorkforceWednesday:  This week, we outline a few of the key trends in employment law for the new year.

It’s that time of year again—the Massachusetts Department of Family and Medical Leave (DFML) has rolled out new Paid Family and Medical Leave (PFML) workplace posters, workplace notification forms, and rate sheets for all employers in the Commonwealth. These updated resources provide the DFML’s yearly updates to eligibility requirements, maximum wage replacement benefit amounts, and contribution amounts. Employers take note that the following changes take effect on January 1, 2023:

1. Minimum earnings eligibility: PFML will cover most employees who have earned at least ...

As we recently reported, on December 9, 2022, the New York City Department of Consumer and Worker Production (“DCWP”) announced that it was postponing enforcement of the Automated Employment Decision Tools (“AEDT”) law, until April 15, 2023, due to the high volume of public comments it received regarding its proposed rules.

On December 21, 2022, the Michigan Supreme Court held that the Whistleblowers’ Protection Act (“WPA”) protects employees who report that their employer has violated “suspected” laws in a case called Janetsky v. County of Saginaw.  In a first-of-its-kind ruling, the divided Court in Janetsky concluded that an assistant county prosecutor could bring WPA claims against her supervisor who she believed illegally offered a below-minimum plea deal.