Employers and employees alike should be aware of a number of new laws relating to employment.
Federal Laws
The Speak Out Act prohibits enforcement of nondisclosure and nondisparagement agreements related to sexual harassment or sexual assault that are signed prior to an actual dispute. The Act took effect on December 7, 2022.
If you haven’t done so already, don’t forget to post the EEOC’s new “Know Your Rights: Workplace Discrimination is Illegal” poster.
Oregon Laws
Under amendments to Oregon’s Workplace Fairness Act, it will be unlawful for an employer to require former employees to enter into an agreement that would prevent them from disclosing (a) discrimination and harassment or (b) the amount or fact of a settlement, unless requested by the employee. Current and prospective employees were already covered.
Oregon’s new Paid Family and Medical Leave Insurance program, which will allow workers to take paid time off for family, medical, and “safe” leave, takes effect this year. A number of resources are available, including a template for the notice that must be posted by January 1st.
Washington Laws
Washington SB 5761 will require employers with 15 or more employees to include in each job posting the wage scale or salary range of the job and a general description of all of the benefits offered and to identify other compensation offered.
The law also requires employers to provide existing employees who are promoted or offered a new position with the wage scale or salary range of the new position.
California Laws
California employers are already required to provide a salary or hourly wage range upon request by an applicant who completed an initial interview, but now they’ll also have to provide the pay scale the employer reasonably expects to pay for a current employee’s position upon request by that employee.
In addition, as in Washington, California employers with 15 or more employees will be required to include a position’s pay scale in any job posting. The law further requires employers to maintain records of the wage and job-title history for each employee during the employment and for three years thereafter.
Private employers with 100 or more employees will have to submit pay data reports to the California Civil Rights Department each year. These reports must include the median and mean hourly rates for each combination of race, ethnicity, and sex within specific job categories.
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The above is only a brief general description of a sampling of new employment laws. Whether you are an employee or an employer, please feel free to contact us if you have any questions about these new laws, any other new laws, or any other aspect of employment law.
For more information about employment law, see Employment Law (in Plain English)®, co-authored by members of this law firm. The book is available through Skyhorse Publishing, Amazon, Barnes & Noble, Powell’s Books, and Bookshop (an online bookstore that allows you to support your favorite independently owned bookstore).
Photo by Jeriden Villegas on Unsplash
