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During this webinar on February 14, 2023, members of McDermott’s Labor & Employment team shared what should be top of mind for employers across the country as they plan for the year ahead. The speakers covered some of the most prominent updates that have carried over from 2022 as well as the latest legal changes expected to impact employers this year.
Below are key takeaways from the discussion.
- On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban noncompete agreements with very limited exceptions. The proposed rule is both forward-looking and retroactive, as employers will be required to rescind any noncompete clauses entered into with workers prior to the compliance date. The proposed rule also extends to the sale of a business, as it proposes that noncompetes will only be permitted in connection with the sale of a business for those who own at least 25% of the business. While the FTC is seeking public comments until March 20, 2023, with a potential 60-day extension, employers should use this time to take an internal review of their policies and any existing covenants and ensure they’re compliant in all operational states.
- Pay transparency laws currently apply to seven states across the United States and six cities and counties. New York will be the eighth state to apply pay transparency laws in the fall of 2023. However, employers with remote employees may be subject to pay transparency...
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