On June 21, 2023, the New York State Assembly passed a sweeping bill (Bill No. S03100/A1278B — An Act to Amend the Labor Law, in Relation to Prohibiting Non-Compete Agreements and Certain Restrictive Covenants) that, if it becomes law, would impose a near-total ban on new non-compete agreements within the state or otherwise governed by New York law.
Law and the Workplace
Latest from Law and the Workplace - Page 4
N.Y. State Senate Passes Ban on Non-Competes
UPDATE: On June 20, 2023, the New York State Assembly also voted in favor of this legislation, and the Bill is now headed to Governor Hochul. If signed by Governor Hochul, New York would become the fifth state to institute a broad ban of non-compete agreements (after California, North Dakota, Oklahoma, and Minnesota). The Bill would become effective 30 days…
Minnesota Enacts Omnibus Jobs Bill With Major Changes For Minnesota Employers
On May 24, 2023, Minnesota Governor Tim Walz signed into law the Omnibus Jobs Bill SF 3035 (the “Bill”). The Bill has significant implications for employers with employees in Minnesota and includes numerous changes to Minnesota state law, including a sweeping ban on non-compete agreements; a ban on mandatory employer-sponsored meetings; newly mandated statewide paid sick leave; and expanded protections…
Illinois Legislature Passes Bill Requiring Disclosure of Pay Scales in Job Postings
***UPDATE: Governor Pritzker signed the bill into law on August 11, 2023.***
On May 17, 2023, the Illinois legislature passed House Bill 3129 (the “Bill”), which amends the Illinois Equal Pay Act (820 ILCS 112, et. seq.) to require Illinois employers to include pay scale and benefits information in job postings and to post or announce internally to employees all…
Illinois Legislature Advances Proposed Amendment to Right to Privacy in the Workplace Act
On May 8, 2023, the Illinois legislature passed Senate Bill 1515 (the “Amendment”), which would amend the Illinois Right to Privacy in the Workplace Act (820 ILCS § 55) to mandate a specified process employers would need to follow if they choose to take an adverse employment action against an employee after receiving notice from any Employment Eligibility Verification Systems,…
REMINDER: Chicago Employers Must Complete Sexual Harassment Prevention and Bystander Training by June 30, 2023
On April 27,2022, the Chicago City Council passed SO2022-665, which broadened the Chicago Human Rights Ordinance (the “Ordinance”) and imposed new requirements on Chicago employers with respect to preventing sexual harassment in the workplace. Pursuant to the Ordinance, all employees working in Chicago must participate in sexual harassment prevention training and bystander training annually.
Specifically, affected employers are now required…
Illinois Appears Poised to Require Disclosure of Pay Scales in Job Postings
HB3129 (the “Bill”), which was introduced in the Illinois House of Representatives on February 16, 2013, and passed by the Labor & Commerce Committee on February 28, 2023, would require Illinois employers to include pay scale information in job postings—or face financial consequences. The Bill defines “pay scale” to mean the salary or hourly wage range that the employer reasonably…
Lessons Learned From 2022’s Trade Secret Verdicts
Before closing the book on 2022, we look back at the most significant verdicts issued in trade secret trials this past year. In 2022, several juries awarded extraordinary verdicts to plaintiffs. These verdicts suggest a growing trend in damages theories and illustrate the importance of expert testimony in both the prosecution and defense of trade secret misappropriation cases. The cases…
UPDATED: Seattle City Council Approves First-in-the-U.S. Ban on Caste Discrimination
***UPDATE: Mayor Bruce Harrell signed the amendments into law on February 23, 2023.***
Seattle has become the first U.S. city to approve legislation amending city ordinances to prohibit discrimination on the basis of “caste,” including in the context of employment. The proposals now go before the mayor for signature.
The legislative push was largely driven by discrimination-related concerns with respect…
Illinois Supreme Court Rules that BIPA Violations Accrue with Each Scan
On February 17, 2023, the Illinois Supreme Court ruled that claims under the Biometric Information Privacy Act (“BIPA”) may accrue with each biometric scan and not just on an individual’s first scan. Cothron v. White Castle System, Inc., 2023 IL 128004.
In Cothron, the plaintiff alleged that the employer failed to follow BIPA’s requirements in connection requiring employees to scan…