New York State Promulgates Regulations for its New Pay Range Disclosure Law
Workforce Bulletin | Insights on Labor and Employment Law
by Marc A. Mandelman and Nancy Gunzenhauser Popper
6M ago
As employers throughout New York State are now determining how to comply with the newest State-wide pay transparency law, which took effect on September 17, 2023, the New York State Department of Labor (DOL) released proposed regulations to facilitate the legislative goal of increasing pay transparency. As discussed in depth here and here, the law requires employers to disclose the pay range and job description (if existing) in job postings, and imposes strict recordkeeping requirements. Should these proposed regulations pass the 60-day comment period unchanged, there are several highligh ..read more
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Employers Beware: SEC Targets Employment Agreements Under Whistleblower Protection Rules
Workforce Bulletin | Insights on Labor and Employment Law
by Gregory (Greg) Keating and Alicia Maziarz
6M ago
Less than two weeks after it last penalized a private employer for alleged violations of whistleblower protection rules in its employee separation agreements, the Security and Exchange Commission (“SEC”) once again takes aim at the language of a separation agreement it alleges violates Rule 21F-17(a) of the Exchange Act (“Rule 21F”). Just yesterday, the SEC issued an Order settling charges with a commercial real estate services and investment firm for such violations through a fine of $375,000, among other terms. The SEC’s aggressive and continued enforcement of whistleblower protection rules ..read more
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Podcast: Attention Employers – How to Protect Trade Secrets in California – Employment Law This Week
Workforce Bulletin | Insights on Labor and Employment Law
by Epstein Becker Green
6M ago
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: California has some of the strongest regulations on restrictive covenants. How can employers in the state protect trade secrets and remain in compliance? Epstein Becker Green attorneys Katherine G. Rigby, David Jacobs, and Phillip K. Antablin detail some best practices for California employers. * * * Employment Law This Week® gives a rundown of the top developments in employment and labor law a ..read more
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SEC Levies a Six Figure Fine Against a Private Company for Language in Its Separation Agreements, Continuing the Aggressive Enforcement of Its Whistleblower Program
Workforce Bulletin | Insights on Labor and Employment Law
by Gregory (Greg) Keating and Alicia Maziarz
7M ago
The Security and Exchange Commission (“SEC”) continues to aggressively enforce its whistleblower program under the Biden Administration. As we have reported (here and here), the SEC has cracked down on employers’ agreements and procedures that it contends interfere with employee access to the SEC. Most recently, on September 8, 2023, the SEC issued an Order imposing a $225,000 penalty to a private energy and technology company, Monolith Resources LLC (“Monolith”), for allegedly violating whistleblower protection rules in its employee separation agreements. Specifically, Monolith’s separation a ..read more
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California Passes the First U.S. State-wide Ban on Caste Discrimination
Workforce Bulletin | Insights on Labor and Employment Law
by Lori A. Medley and Scarlett L. Freeman
7M ago
On September 5, 2023, the California legislature passed Senate Bill 403 (“SB-403”), paving the way for a state-wide ban on caste discrimination to be signed into law by Governor Gavin Newsom.  SB-403 would amend the definition of “ancestry” under the California’s Unruh Civil Rights Act, Fair Employment and Housing Act, and certain provisions of the Education Code to include and define “caste.” According to the introductory language to the bill, rather than adding a new category of protected characteristics, the amendments “are declarative of and clarify existing law.”   Under SB ..read more
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California Privacy Protection Agency Public Board Meeting Sheds Light on Upcoming Risk Assessment and Cybersecurity Audit Regulations
Workforce Bulletin | Insights on Labor and Employment Law
by Frances M. Green, Alexander J. Franchilli, Scarlett L. Freeman and Tryphena Liu
7M ago
The five-member Board of the California Privacy Protection Agency (the “CPPA”) held a public meeting on September 8, 2023, to discuss a range of topics, most notably, draft regulations relating to risk assessments and cybersecurity audits. Once the regulations are finalized and approved after a formal rulemaking process, they will impose additional obligations on many businesses covered by the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”). The Board’s discussion of these draft regulations is instructive for CCPA-covered businesses,[1] but also any bu ..read more
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Video: How the NLRB’s Labor-Friendly Actions Are Affecting Union and Non-Union Employers – Employment Law This Week
Workforce Bulletin | Insights on Labor and Employment Law
by Epstein Becker Green
7M ago
As featured in #WorkforceWednesday:  This week, we’re breaking down recent actions by the National Labor Relations Board (NLRB) that are impacting both union and non-union employers: The NLRB is continuing its labor-friendly push with increased protections for unions, new limitations on employer rights, and significant changes that are likely to make it easier for unions to secure bargaining rights. Epstein Becker Green attorneys Steven M. Swirsky and Erin E. Schaefer tell us more about the current labor landscape and how the NLRB’s actions apply to ..read more
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New York State’s Salary Transparency Law Takes Effect September 17, 2023
Workforce Bulletin | Insights on Labor and Employment Law
by Nancy Gunzenhauser Popper and Nicole Zolla Clarke
7M ago
The time has come – New York employers are reminded that a statewide salary transparency law goes into effect on September 17, 2023. While many employers in New York City, Westchester County, the City of Ithaca and Albany County already contend with ordinances requiring disclosure of compensation information in job advertisements, Labor Law § 194-b (the “Law”) covers virtually all employers across the state. We previously reported on the approval of the Law here, and discussed details here and here. What This Means Employers throughout New York State must now disclose the minimum and maximum a ..read more
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SECURE 2.0: Roth Catch-Up Contribution Delay
Workforce Bulletin | Insights on Labor and Employment Law
by Cassandra Labbees, David Diaz and Mason Gardner
7M ago
Section 603 of the SECURE 2.0 Act of 2022 (“Section 603”) implements changes to catch-up contributions and is applicable to employers who maintain a 401(k), 403(b), or 457(b) plan with participants who are age 50 and older and whose income from the prior year exceeded $145,000. Section 603 requires that catch-up contributions must be made as Roth contributions (i.e., after tax basis) for those earning more than $145,000. Originally, Section 603 was set to become effective starting in 2024. However, on August 25th, 2023, in response to many industry groups urging for an extension, the IRS relea ..read more
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Fifth Circuit Broadens Standard for Title VII Claims Against Employers
Workforce Bulletin | Insights on Labor and Employment Law
by Greta Ravitsky and Tammy Tran
7M ago
As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of Appeals for the Fifth Circuit recently held that in order to establish an actionable claim for disparate treatment discrimination under Title VII, plaintiffs need not plead an “ultimate employment decision” related to hiring, granting leave, terminations, promotions, or pay. In a significant departure from decades-old precedent, the Fifth Circuit held that employees can surv ..read more
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