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Employee Notices about Voting Rights
With the presidential election approaching on November 5, 2024, employers should ensure compliance with relevant requirements where they operate. Some states require employers to post notices within the workplace. For example, California employers must display a notice in a visible location at least ten days prior to a statewide election. New York also requires employers to post a notice at least 10 days before Election Day, which means it must be displayed by October 25, 2024. Review your state website and this guide by Fisher Phillips for more information on employer requirements regarding voting leave, paid time off, and voting rights notifications.
Update on FTC's Ban of Non-compete Agreements
The Federal Trade Commission has published its Rule that will ban employers from requiring its employees to enter into non-competition agreements with a few exceptions. Unless enjoined by a legal challenge, of which there are already several, the Rule will be effective September 4, 2024. The Rule does not impact non-solicitation or non-disclosure agreements, and there is an exception for senior executives. Employers should note that there are notice requirements, and the Rule does provide some model language to be used for this purpose. More details, including a Fact Sheet on the Rule, are available on the FTC's website.
USCIS to Update E-verify Log-in and Launch E-verify+
Current users of E-verify should note that the website is changing as of June 25, 2024 when log-in to existing accounts will only be accessible at everify.uscis.gov. The U.S. Citizenship and Immigration Services (USCIS) is also launching an improved version of the system incrementally throughout 2024. The trial E-verify+ system will allow employees to enter their own information and documents directly into a mobile-friendly portal, which will be reviewed and approved by employers after the data is electronically signed by both parties. Employees will be contacted directly if there are any verification issues, eliminating the need for non-confirmation notices to be sent by employers. In addition, most previously verified employees will carry over that status with any subsequent employers, reducing the need for reverification. More information about E-verify +, including a video overview, is available on the E-verify website.
Fair Credit Reporting Act (FCRA) Requires an Updated Version of the Summary of Rights
In order to comply with the FCRA, employers conducting background checks on applicants and employees must provide them with a Summary of Consumer Rights form prior to taking adverse action. An updated version of this form published by the Consumer Financial Protection Bureau must be utilized as of March 20, 2024.
California
California Employers Required to Notify Employees that Noncompete Agreements are Void
Notices must be emailed and physically mailed to current and former employees* informing them that they are no longer subject to any noncompete agreements or clauses. In order to be compliant with California Assembly Bill (AB) 1076, notices should be sent by February 14, 2024.
California's Updated Notices for New Hires
Employers in the Golden State should be aware of several updates to the notifications and pamphlets that must be provided to newly hired employees. California Labor Code Section 2810.5 mandates that employers provide written notice at the time of hire to non-exempt employees with information about their wages including pay rates, overtime rates, and specified paydays. A recent amendment now requires this updated notice to include information about the increased paid sick leave and a new disclosure about federal or state emergency or disaster declarations that may impact worksite health and safety. For a more detailed summary, refer to this article by CDF Labor Law.
Colorado
Colorado's Annual Notice of Income Tax Credit Availability
The anniversary date of this annual requirement is upon us, as the Colorado Department of Revenue issued this guidance on March 31, 2023. In addition to statements that show the total compensation paid and income tax withheld for the previous year, employers must also notify employees in writing of the availability of income tax credits. This obligation cannot be fulfilled by linking to the CDOR tax division site. For more details, see this article by Ogletree Deakins.
Massachusetts
Massachusetts Notification Requirement
A revised workers' compensation Notice to Employees has been published by the Massachusetts Department of Industrial Accidents (DIA) that employers should begin using by September 16, 2024. This notice must be completed with employer-specific information and can be distributed electronically to their workforce. Visit the state DIA website for the notice.
New York
New York City Worker's Bill of Rights
Employers in NYC must provide access to the Worker's Bill of Rights to current employees and any subsequent hires by July 1, 2024. The Bill of Rights is an online reference tool that explains workplace rights and protections for NYC-based employees, job applicants, and independent contractors under federal, state, and local laws. It covers topics such as minimum wage, sick leave, Paid Family Leave, anti-discrimination, and the right to organize into unions and other rights. The posted notice must contain a QR code to the website for employees to reference. To view the notice, visit NYC's Department of Consumer and Worker Protection (DCWP) website.
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