HR Update: September 26th, 2023

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Nearly Every Employee in Portland, Maine Entitled to Hazard Pay Due to Hurricane Lee Emergency Declaration

On September 14, 2023, Maine Governor Janet Mills declared a state of emergency due to Hurricane Lee’s anticipated landfall on the Pine Tree state. Although this declaration is a seemingly routine measure to ramp up natural disaster response preparedness, it has triggered a costly hazard pay measure for nearly all employers in Portland – Maine’s largest city. From September 14, 2023 until Maine’s governor ends the state of emergency, the new minimum wage in the City is $21.00 per hour. Learn More


NLRB General Counsel Targets Non-Solicitation Agreements as well as Non-Competes

Last May, NLRB General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 claiming employers that require non-compete agreements violate the National Labor Relations Act. GC Memo 23-08 did not expressly condemn prohibitions against solicitation of customers and employees, which employers also commonly use to protect their customer relationships and training and investment in employees. A recent NLRB complaint has clarified, however, that it is indeed the GC’s opinion that employee and customer non-solicitation agreements violate the Act. Learn More


New Jersey Adopts Changes Affecting Service Employees During Changes in Ownership

Governor Philip D. Murphy recently signed Assembly Bill 4682 / Senate Bill 2389, establishing various employment protections for specific “service employees” during changes of ownership. This bill goes into effect on October 22, 2023—90 days from signing. Learn More


OSHA Finds Highway Shooting of Employee to Be Work-Related and Recordable

In a recently published interpretation letter, the U.S. Occupational Safety and Health Administration (OSHA) opined that an employee’s gunshot injury—sustained when a motorist collided with three other cars, shot the employee-driver, and stole the company’s truck—was work-related and recordable. Learn More


Georgia Courts May Not Apply Foreign Law to Restrictive Covenants That Do Not Comply with the Georgia Restrictive Covenants Act

On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision. Learn More


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