HR Day on the Hill Recap. January 27, 2023, From Jennifer Berry, Attorney at Ogden Murphy Wallace P.L.L.C.
Washington SHRM’s Day on the Hill served as a reminder of significant changes for Washington employers in 2022 and forecasted new changes—including revisions to the Paid Family Leave Act and federal non-compete rules. Here are the top things employers should do and look for in 2023:
Jennifer Berry, Attorney
www.omwlaw.com
1. To comply with RCW 49.44.211, update employment agreements, independent contractor, non-disclosure, and settlement agreements to allow disclosure of information reasonably believed to relate to discrimination, harassment, sexual harassment or assault, wage and hour violations, or violations of public policy. * Note high penalties for noncompliant agreements created after June 9, 2022. Prohibited provisions in agreements created before June 9, 2022 may not be enforced, except for settlement agreements.
2. To comply with RCW 49.58.110, employers with 15+ employees must add descriptions of pay ranges and benefits/other compensation to job postings recruiting Washington residents. Also – conduct an internal pay equity analysis.
3. Watch Washington Senate Bill 5586 which would allow ESD to share more information with employers about employees’ PFML applications. In the meantime, revise leave policies to require that employees inform their employer in writing about their intent to take foreseeable leave, the anticipated timing and duration.
4. Review mandatory arbitration agreements to ensure they do not limit statutes of limitations; exclude claims of sexual harassment and sexual assault from mandatory arbitration or class waiver.
5. Watch for updates to Federal Trade Commission rulemaking on non-compete agreements, which could deem all non-competes unlawful--regardless of industry or compensation level--except in the context of the sale of a business or franchise agreements.
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