There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into 2023.

Salary and Pay Transparency

The trend of enacting salary and pay transparency laws continued in 2022 and shows no signs of slowing down. As discussed in more detail in our previous blog post, several jurisdictions passed or enacted salary transparency legislation last year, including New York City (effective November 1, 2022), Westchester County, New York (effective November 6, 2022), California (effective January 1, 2023), and Washington State (effective January 1, 2023). Though employers’ specific obligations under pay transparency laws vary among jurisdictions, these laws generally require employers to disclose a prospective salary or salary range when advertising an open employment position. For example, New York City’s pay transparency law (discussed in more detail here) provides that “it shall be an unlawful discriminatory practice for an employment agency, employer, or employee or agent thereof to advertise a job, promotion or transfer opportunity without stating… the lowest to the highest annual salary or hourly wage the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.”

Limits on NDAs and Mandatory Arbitration

The “Speak Out Act,” which was signed into law by...

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