Employment Law Developments: The Bubbler for September 2018
Welcome to this month’s edition of the Bubbler! Now that fall is fast approaching we’re refreshing your memory of some key recent developments as we head into the new season:
Massachusetts’s new non-compete reform law lays out specific rules and incorporates many best practices with additional requirements, such as those for consideration, that will require employers to re-evaluate their non-compete strategy and update those agreements.
The Sixth Circuit Court of Appeals ruled that an employment contract arbitration provision that excludes “class arbitration” (a) by waiver, or (b) by mandating bilateral arbitration exclusively, is enforceable and is not rendered unenforceable by the Fair Labor Standards Act.
New York State and New York City recently released new documents to assist employers in comply with their respective new laws aimed at preventing workplace sexual harassment. The New York State Department of Labor released drafts of its model sexual harassment prevention policy, complaint form, and harassment prevention training program in advance of the October 9, 2018 deadline for New York employers to revise their policies, procedures and agreements, deliver new training, and provide employees with additional information about sexual harassment. The New York City Commission on Human Rights released its guidance on the new city law aimed at preventing workplace sexual harassment, including a notice of employee rights and an employee fact sheet, the posting and distribution of which were required starting September 6, 2018.
Reflecting on the increased reporting of workplace misconduct galvanized by the #MeToo movement, Mintz’s Jen Rubin highlights the need for a robust prevention, investigation, and penalty process to address the problems’ root causes and make workplaces more safe and productive.
Stay tuned for more posts on developments impacting employers, including the fate of California Assembly Bill 3080, which, if signed into law by Governor Jerry Brown, would prohibit California employers from requiring mandatory arbitration as a condition of employment, continuing employment or receiving employment-related benefits.