BINGHAMTON — As 2023 heads into the fourth quarter, it’s time for employers to make sure they are up to date on pending and proposed labor-law changes for the new year, one area labor attorney advises. One such proposal is a proposed rule by the Federal Trade Commission (FTC) to ban noncompete clauses, says Dawn […]
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BINGHAMTON — As 2023 heads into the fourth quarter, it’s time for employers to make sure they are up to date on pending and proposed labor-law changes for the new year, one area labor attorney advises.
One such proposal is a proposed rule by the Federal Trade Commission (FTC) to ban noncompete clauses, says Dawn Lanouette, a labor attorney with Hinman, Howard & Kattell, LLP in Binghamton.
The FTC proposed the ban last January and solicited public comments through March 20 on the matter. As of press time, the proposed ban had not gone into effect.
“Probably the change employers seem to be the most concerned about is what’s going to happen with non-compete agreements,” Lanouette says.
On top of the FTC proposed ban, the New York Legislature also passed a bill that would limit non-competes in most cases, she says, and it seems likely that Gov. Kathy Hochul will sign the bill into law.
Non-competes are often used by businesses in specialized fields with proprietary information they want to protect if an employee leaves, as well as in the sales industry, according to Lanouette. Businesses that use non-competes should already be preparing for the ban, when those agreements will no longer be allowed and existing ones may not be enforceable, she adds.
For employees in sales, businesses will still be able to use and enforce non-solicitation agreements, which prevent a former employee from “poaching” clients for a specified period of time. “That provides some protection to the employer,” Lanouette says.
Another upcoming change is the latest minimum-wage increase, which goes into effect on Dec. 31, she says. This year, the minimum wage increases to $15 for most of the state and $16 in New York City, along with Nassau, Suffolk, and Westchester counties. In 2024, it will climb to $15.50 before increasing to $16 in 2025. The state will publish any future increases on or before Oct. 1 of each year.
“There are all these new rules with regard to nursing mothers,” Lanouette says of more changes to workplace rules.
New obligations came with amendments to the state’s Nursing Mothers in the Workplace Act that revise or expand the accommodations employers must provide for nursing mothers. Employers must now offer nursing accommodations for up to three years after the birth of a child and the nursing or pumping location can’t be a restroom, must be close to the employee’s work area, must be shielded from view and free from intrusion, include a chair and an open surface, have close access to running water, and contain at least one electrical outlet.
Employers are required to provide a copy of the nursing-mothers policy to each employee upon hiring, annually, and upon return from the birth of a child.
To stay in the loop on these and any proposed or pending changes to labor laws, Lanouette recommends employers or their human-resource employees access newsletters, programs, and events offered by chambers of commerce and other groups.
“Laws relating to employers and employees have been passing at an exponential rate lately,” she says. The onus is on employers to keep up.