EMPLOYMENT LAW UPDATE »
Oklahoma passes law confirming enforceability of employee non-solicitation agreements
While non-competition agreements remain unenforceable under Oklahoma law, a bill recently signed by Governor Fallin confirms by a new statute that Oklahoma employers may enforce agreements prohibiting a former employee from soliciting a company’s employees to leave their jobs to work for another employer.
During the last several years, the National Labor Relations Board has taken an increasingly active stance in promoting unions and union organizing efforts. Yesterday, the U.S. Court of Appeals for the District of Columbia struck down one of the NLRB’s more recent efforts, which required employers to post pro-union posters in the workplace.
The U.S. Department of Health and Human Services recently released its final regulations – also known as the “Final Rule” or “Omnibus Rule” – modifying the privacy, security, breach notification and enforcement rules associated with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Employers have until September 23, 2013, to comply with the new requirements.
On March 8, 2013, the United States Citizenship and Immigration Service (USCIS) released an updated version of the I-9 Employment Eligibility Verification form. While the new I-9 form is effective immediately, employers have a 60-day grace period – until May 7, 2013 – to continue to use the prior version.
Beginning January 1, 2013, the Patient Protection and Affordable Care Act limits employee contributions to a health flexible spending arrangement to $2,500 per year, as adjusted for inflation in subsequent years. The IRS recently issued a notice that provides clarification and guidance on the application of the new cap.
On May 15, 2012, Oklahoma Governor Mary Fallin signed into law a measure (Senate Bill 1773) which will allow licensed Oklahomans to carry unconcealed handguns — “open carry” — in a wide variety of circumstances.
On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued a memorandum outlining its position on employer use of criminal records in the employment decision-making process.