On March 13, 2024, Washington’s noncompete law was amended to further limit the use of noncompete provisions and nonsolicitation provisions against employees and contractors. The changes are a significant shift, and most employment agreements that have restrictive covenants will be in violation of the new requirements. It’s critical to review and update these documents prior... View Article
NOTE: This rule is currently in litigation and has not taken effect. We will continue to monitor and update this post. Employers should be aware of the continuing trends toward employee rights and be prepared for this kind of rule from states and the federal government. The National Labor Relations Board (NLRB) has rolled out... View Article
On July 18, 2023, Oregon joined the growing number of states in signing into law comprehensive data privacy legislation. Effective July 1, 2024, the Oregon Consumer Privacy Act (the OCPA or the Act) will create meaningful privacy protections for Oregon consumers and new data protection obligations for businesses operating in Oregon.
Consumer health data, as defined by the Act, encompasses a wide range of personal information linked to or reasonably could identify a consumer’s past, current, or future physical or mental health status consumer's physical or mental health status. Examples include individual health conditions, treatments, genetic data, diseases, diagnosis, use or purchase of prescribed medications, vital signs, bodily functions, symptoms, genetic data, biometric data, and more!
The Corporate Transparency Act (CTA) is a federal law enacted as part of the Anti-Money Laundering Act of 2020 meant to reduce financial crime in small businesses across the United States. Specifically, the CTA requires that smaller, otherwise unregulated, companies file a report with the US Department of Treasury’s Financial Crimes Enforcement Network within their new Beneficial Ownership Secure System (BOSS), which the network may share with other government agencies and financial institutions who request it. The Act will come into effect on January 1st, 2024, for newly formed companies and on January 1st, 2025, for already existing companies.
Over the last two decades, obesity levels in the United States have been on the rise along with a growing concern of discrimination based on weight in the workplace. As a result, states and local governments are starting to take action. In Washington, it is therefore illegal for employers to refuse to hire qualified potential employees because the employer perceives them to be obese.
The PUMP Act broadens the number of workers who must be accommodated as it applies to almost all employees for a year after child birth (with the exception of airline crew and pilots).
Pregnant Workers Fairness Act (PWFA) is a new federal law that provides expanded protections for pregnant workers to seek reasonable accommodations through their employer.
Employers should be aware that the FTC requires disclosure of an employee's employment relationship when making an endorsement on social media for the company they work for. The disclosure must be in simple and clear language and placed conspicuously. The FTC recommends that companies establish a social media policy that includes these disclosure requirements, consistently enforce the policy, and provide employees with training. Employers that direct employees to create or share social media posts should implement a policy and monitor the posts for compliance. To avoid potential legal issues, it is important for employers to follow these guidelines to ensure compliance with the FTC's rules.
