Written By Heather J. Van Meter - Bullard Law
With election dust settled, the new year brings new employment law trends for employers to watch carefully. The following list and short description of compliance topics are intended as a helpful reminder to be sure employers are starting 2023 on a solid legal footing.
1. Non-compete and non-disclosure agreements under scrutiny nationally and in the Pacific Northwest: On January 6, 2023, the Federal Trade Commission proposed a new rule prohibiting non-compete agreements. While a total national ban is unlikely, 2023 will certainly see more scrutiny of non-compete agreements, especially with the still-tight labor market. Oregon and Washington also implemented new restrictions on non-compete agreements in 2022. Additionally, Oregon and Washington now have bans on the use of non-disclosure or confidentiality provisions in separation agreements or relating to certain complaints such as sexual harassment. If employers have new or existing employees with non-compete or non-disclosure agreements or policy provisions, now is a good time to be sure they are legally compliant.
2. Continued skepticism for independent contractor determinations: The tight labor market and Biden administration priorities are also contributing to heavy state and federal skepticism of employer independent contractor determinations. Lawsuits nationwide are also seeking to overturn these determinations, including broad class actions for wages, overtime, and meal...
The SP chief also dismissed the govt’s claims of mobile phone manufacturing in the state, saying only the assembly of devices was taking place with components imported from China, Taiwan and Korea ...