Notice Requirements

State / Jurisdiction

 

Federal / All

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

 

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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