Laborsphere

FTC Seeks Feedback on Proposed Rule on Use of Non-Competition Agreements

The Federal Trade Commission announced that it will hold a virtual public forum on Thursday, February 16, 2023, to address its proposed rule on the use of non-competition agreements, as well as certain non-solicitation and non-disclosure agreements. The purpose of this forum is to examine the proposed rule and provide an avenue for individuals, including both employees and employers, to voice their opinions and discuss their experiences with non-compete agreements.

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Gov. Phil Murphy Signs the New Jersey Temporary Workers’ Bill of Rights

Despite strong opposition from New Jersey business groups, on February 6, 2023, Gov. Phil Murphy signed the Temporary Workers’ Bill of Rights into law (A1474/S511). This new law places significant burdens upon “temporary help service firms” and their clients. The law requires that temporary workers be paid “not less than the same average rate of pay and equivalent benefits as a permanent employee of a third-party client performing the same or substantially similar work on jobs the performance of which requires equal skill, effort or responsibility, which are performed under the same working conditions.” This “equal-pay-equal-benefit” provision, besides potentially increasing costs, will prove challenging for employers to calculate the cost of equivalent benefits.

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Visiting the EU from November 2023? You May Need to Apply for ETIAS Authorisation

By the end of 2023, it is anticipated that visitors to the European Union (EU) who do not require a visa will have to apply for authorisation through the European Travel Information and Authorisation System (ETIAS). This new pre-travel screening system will apply to visitors to countries that are in the Schengen Area of the EU. Countries within the Schengen Area include all EU member states (except for Ireland), as well as the four members of the European Free Trade Association (EFTA) – Iceland, Liechtenstein, Norway and Switzerland. Although Bulgaria, Cyprus and Romania are not currently within the Schengen Area, as EU member states that are expected to join Schengen, they will be part of ETIAS.

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Diversity, Equity and Inclusion Developments in Irish Employment Law

For Irish lawmakers, commitment to promoting diversity, equity and inclusion (DEI) continues to be a top priority in 2023. Following the introduction of Ireland’s Gender Pay Gap Information Act (the Act) in 2021, employers continue to be required to report their gender pay gap metrics as a tangible commitment to DEI.

On May 31, 2022, regulations went into effect requiring organizations with more than 250 employees to report their gender pay gap information in December 2022, based on a June 2022 snapshot of the organizations’ employees.

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Updated Guidance Released for SB 1162 – California’s New 2023 Pay Data Reporting Requirement for Workers Provided by Third Parties

The California Civil Rights Department (CRD) released amended FAQs providing guidance on compliance with the new pay data reporting requirements. PDR FAQs – 2022 Reporting Year | CRD (ca.gov) As previously reported here and here, Senate Bill 1162 amended Labor Code section 432.3 and Government Code section 12999 as part of California’s ongoing efforts to promote workplace pay transparency as a means to combat pay discrimination. Companies need to act now to be prepared to comply with the obligation to not only report data for their W-2 employees, but also the new obligation to compile and report data for workers supplied by staffing agencies and other third parties that are either working at, or assigned to, any California locations. This blog discusses the CRD guidance regarding this significant new development, together with takeaways for compliance.

What is the New Deadline to Submit Pay Data Reports under Senate Bill 1162?

The reporting deadline has been pushed back from March 31 to May 10, 2023. The FAQs have a link to the online portal and templates that employers can use to create their reports. Additional resources will continue to come online for employers.

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Update: Michigan Court of Appeals Restores More Employer-Friendly Minimum Wage and Paid Sick Time Laws

On January 26, 2023, the Michigan Court of Appeals reversed the Michigan Court of Claims and held the “adopt-and-amend” strategy the Michigan Legislature used in 2019 to enact minimum wage and paid sick time laws was not unconstitutional. According to the Michigan Court of Appeals, the Michigan Legislature may amend a voter-initiated law just as it may amend any other law. As a result, for the time being, employers may comply with the MPMLA and do not need to start complying with the ESTA effective February 20, 2023, unless a further appeal is filed, and the Michigan Supreme Court reverses the Michigan Court of Appeals or the Michigan Legislature passes new laws similar to the voter-initiated laws.

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