On December 9, 2022, President Biden signed the “Speak Out Act” (the Act). The Act follows the enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which made pre-dispute arbitration agreements for sexual assault and sexual harassment claims invalid and unenforceable. The Act is similar to laws passed in California, Illinois, New Jersey, and New York in response to the #MeToo Movement. The Act became effective upon the President’s signature.
Confidentiality and Nondisclosure Agreements (California) – 2022
Los Angeles partner Mark Terman and associate Maria Cho have provided an annual update to a Practical Law article, entitled “Confidentiality and Nondisclosure Agreements (California).” In their article, Mark and Maria discuss how companies can protect their information, including the use of confidentiality agreements and related practices, under California law. They also outline practical tips on developing internal systems and contract provisions designed to protect a company’s sensitive information, including its business assets and relationships, data security and trade secrets.
Practical Law™, a division of West Publishing Corporation, provides legal know-how for business lawyers. It also acts as secretariat for the GC100 group of general counsel and company secretaries.
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Employers, There is a New EEOC Workplace Poster and You Should Post it Immediately
On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster, which replaces the former “EEOC is the Law” poster.
EEOC Chair Charlotte Burrows described the new poster as a “win-win for employers and workers… making it easier for employers to understand their legal responsibilities and for workers to understand their legal rights.”
Similar to the old poster, the new poster summarizes the federal anti-discrimination laws enforced by the EEOC:
- Title VII of the Civil Rights Act;
- The Americans with Disabilities Act;
- The Equal Pay Act;
- The Age Discrimination in Employment Act; and
- The Genetic Information and Nondiscrimination Act.
Colorado’s Public Health Emergency Leave Now Covers COVID-19 and ‘Similar Respiratory Illnesses’
Colorado’s Healthy Families and Workplaces Act (the HFWA) requires employers provide up to two weeks of supplemental paid sick leave — often referred to as public health emergency leave (PHEL) — when a public health emergency is declared. As we previously described, this leave is awarded in addition to employees’ regular paid sick leave required by Colorado law. C.R.S. § 8-13.3-405. PHEL is provided per public health emergency and is to be used for reasons specifically connected to the public health emergency.
OFCCP Sends Notice of Intent to Release EEO-1 Data to Non-objecting Contractors
On August 19, 2022, as discussed in previous alerts, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) notified its federal contractor base that the OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR) for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors and first-tier subcontractors (contractors) from 2016 to 2020. Contractors had until October 19, 2022, to file their individualized objections to the production of their EEO-1 reports.
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The Fate of Non-Compete Agreements in New Jersey Remains Unknown
New Jersey may become the latest state to join the growing trend of states enacting legislation to limit the use of common restrictive covenants, such as non-compete and non-solicitation agreements. In May of 2022, Assembly Bill 3715 (“A3715”) was introduced in the New Jersey legislature which, if passed, would significantly impact employers’ ability to enforce non-compete agreements and impose significant obligations aimed at deterring employers from entering into such agreements.
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