2023 U.S. Employment Law Changes to Consider
The outbreak of COVID-19 resulted in significant changes in the work environment, such as a hybrid work culture and pay entitlements for COVID-19 patients, being upheld by US employment law. As the pandemic recedes, significant changes are being made to US labor law policies; policies that were religiously followed in 2022 will no longer be relevant in 2023. Read on to learn more about new and updated employment laws and changes employees should know about.
Federal Labor Law Changes
Employers must be fully aware of and abide by new employment laws. Here are some of the major changes to federal labor law that will come into effect in 2023.
Minimum Wage for Federal Contractors
- From January 1, 2023, the minimum wage for federal contractors will be adjusted yearly and announced at least 90 days before the new wage takes effect
- As of January 1, 2023, the minimum pay for tipped employees working as federal contractors must equal 85% of the indexed wage
- As of January 1, 2023, and for every succeeding year, the minimum pay for tipped employees working as federal contractors must equal 100% of the indexed wage
COVID-19 Workplace Alerts
- AB 2693 extends and modifies the rule that requires employers to alert employees if they’ve been exposed to COVID-19. The 2023 amendment to this law permits an employer to post notice of the exposure, rather than having to give written notice to employees. The notice must be posted prominently in all locations where notices are typically displayed for 15 days, and must include the date when the employee contracted COVID-19
- Federal contractor tipped employees’ minimum pay must equal 85% of the indexed wage as of January 1, 2023.
- Federal contractor tipped employee minimum wage shall be 100 per cent of the indexed wage under this order beginning on January 1, 2024, every succeeding year.
COVID-19
AB 2693 extends and modifies the rule, requiring employers to alert employees about COVID exposure. The new employment law 2023 permits an employer to prominently post a notice indicating COVID exposure in all locations where notices are typically displayed along with the details of employees’ contracted date of COVID-19. This takes the place of giving employees the legally needed written notice.
Pay Transparency
An employer that owns an organization with more than 15 employees must disclose the pay scale for any job posting, regardless of whether the posting is internal or external. If outsourcing recruitment, the employer must disclose the pay scale to the third party recruiter,, and the recruiter must include the pay scale in the job ad
Cannabis Use Protection
To take any disciplinary actions against an employee for marijuana use, the employer must have independent proof of conduct or behavior showing the employee was intoxicated or under the influence of marijuana while doing work-related duties.
Employee Arbitration Agreements
In 2022, the Supreme Court ruled that employers can no longer order lawsuits filed by employees to arbitration, as was previously allowed under the Private Attorney General Act (PAGA).The court concluded that PAGA denied employees the right to file a representative claim (i.e., a claim on behalf of other employees).
State Employment Law Changes
The 2023 changes to state employment laws are described below.
Alabama Labor Law Changes
HB 272: Workplace Weapons
This new law outlines the circumstances under which an employee is permitted to retain firearms and ammunition in their vehicle parked in their employer’s lot. This law came into effect on Jan 1, 2023.
Arkansas Labor Law Changes
Employers of 4 or more employees must now pay a basic minimum hourly rate of $11.00, and premium pay after 40 weekly hours.
California Labor Law Changes
Mandatory Bereavement Leave Policies
- If an employee’s family member dies, , the employees can seek up to five days of bereavement leave. This policy applies if the deceased is the employee’s spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law
- Employees actively in service for the preceding 30 days are eligible for this leave. Bereavement leave must be taken within three months of the family member’s death
- You must pay for the same days as you previously offered if your company already has a bereavement leave policy that provides paid days off. The remaining five days won’t be paid if you pay less than five days.
Meal and Rest Break Compliance
- A thirty-minute dinner break is allowed for employees who work more than five hours daily.
The employer can forego the meal break with the employee’s consent only when their work hours aren’t extended more than six hours - Employees who work more than ten hours in a single day must be granted a second unpaid 30-minute meal break
- Employees can forgo the second meal break when their work hour isn’t extended more than twelve hours
California AB 257: Fast Food Industry – Regulation
The Fast Food Accountability and Standards Recovery Act has been established, forming the state Fast Food Council inside the Department of Industrial Relations. These authorities will impose minimum standards across the industry for pay, working hours, and other factors associated with fast-food restaurant employees’ health, safety, and welfare. This law was implemented as of January 1, 2023.
California AB 1041: Protected Time Off – Scope of Coverage
This law helps employees include a “designated person” in the definition of a “family member” under the California Family Rights Act (CFRA) and the Healthy Workplaces, Healthy Families Act (HWHFA) of California. When requesting paid (HWHFA) or unpaid (CFRA) leave, employees must now name the specific person(s) for whom they wish to take time off.
California AB 1601: Worker Adjustment and Retraining Notification Act (WARN): Call Center Employees
Call centre employers must provide notice ahead of mass layoff, relocation or termination, as of Jan 1, 2023.
California AB 1632: Title III Accommodations
Businesses must allow members of the public who are affected by Crohn’s disease, ulcerative colitis, irritable bowel syndrome, or any other similar medical condition to use employee restrooms.
California AB 1720: Background Checks: Home Health Services
From January 1, 2023, a requirement that certain people working for home nursing institutions sign a statement disclosing any prior offenses has been removed.
California AB 1751: COVID-19: Workers’ Compensation
Starting January 1, 2023, the rebuttable presumption that an employee’s sickness or disorder caused by COVID-19 was acquired during the course of employment for purposes of receiving workers’ compensation benefits has been extended until January 1, 2024.
California AB 1788: Employer Liability – Human Trafficking
If a supervisory employee at a hotel knowingly ignores evidence of sex trafficking activity on the hotel premises, the hotel owner can be held accountable for human trafficking penalties.
California AB 2068: COVID-19: Workplace Posters
From January 1, 2023, employers are required to post specific COVID-19-related health and safety posters in certain other languages, in addition to English.
California AB 2134: Benefits: Reproductive Health
This new law applies to insurance companies and healthcare plans of religious employers that do not cover abortion and contraception. From January 1, 2023, written information on free abortion and contraception benefits and services offered via the California Reproductive Health Equity Program must be given to insured employees by these plans and insurers.
California AB 2183: Labor – Management Relations: Farm Workers
The Agricultural Labor Relations Voting Choice Act will come into power from January 1, 2023. This act offers agricultural employees the option of voting by mail in union representation elections that previously had to be held in person.
California AB 2223: Employer Liability – Reproductive Health
As of January 1, 2023, an individual is not allowed to be held accountable in civil or criminal court for their actions or inactions related to their pregnancy, or the actual, potential, or alleged outcome of their pregnancy, or for their actions to support or assist a woman or pregnant person who is exercising her reproductive rights
California AB 2282: Discrimination & Harassment: Hate Crimes
From January 1, 2023, the display of hate imagery is considered a part of hate crimes in workplaces.
California AB 2693: COVID-19: Exposure Notifications
This law extends the terms of Section 6409.6 of the California Labor Code (Duties of Employer When Notified of Potential Exposure to COVID-19) until January 1, 2024, which allows employers to publish a notice of potential COVID-19 exposure at the workplace (as well as on currently existing employee portals) rather than providing written notification.
California AB 2960: Civil Procedure
This law pauses the statute of limitations period (tolls) for right-to-sue notice deadlines under the Fair Employment and Housing Act during required or optional dispute resolution processes, from January 1, 2023.
California SB 523: Protected Categories: Reproductive Health
This law expands mandated health plan coverage for contraceptives from January 1, 2023, and amends the Fair Job and Housing Act to outlaw employment discrimination based on a person’s reproductive health decisions.
California SB 731: Background Checks: Criminal
This amendment of the state penal code automatically seals the criminal records of defendants for felony convictions made on or before January 1, 2005, providing they’ve completed their sentence, probation, supervision, parole, and any other requirements of their conviction, and have not received a new felony conviction for four years. This change doesn’t apply to serious crimes or registered sex offenders.
California SB 931: Labor-Management Relations
This change allows employee organizations to file complaints with the Public Employee Relations Board (PERB), alleging employer violations of Government Code section 3550, which forbids a public employer from discouraging public employees or applicants from joining or continuing to be members of an employee organization.
California SB 951: Protected Time Off FMLA Paid
For claims filed on or after January 1, 2025, this change increases the wage replacement percentage for those receiving benefits under the family temporary disability insurance program.
California AB 984: Privacy: Surveillance
As of January 1, 2023, employees who drive fleet vehicles that include GPS position tracking must be informed about how they will be tracked, and are permitted to turn off GPS during their off hours.
California Privacy Rights Act of 2020: Data Privacy
This law significantly broadens the privacy and information security obligations of most companies conducting business in California, necessitating considerable adjustments to current HR Individuals’ personal information handling policies, procedures, and practices. It also creates the Privacy Protection Agency to carry out state legislation governing the privacy of customer data.
California SB 1044: Protected Time Off: Non-Retaliation
An employer from disciplining a worker for failing to show up for work or quitting during a crisis situation. From January 1, 2023, this law forbids denying a worker access to a mobile device during a crisis situation.
California SB 1093: Home Care Agencies: Background Checks
As of January 1, 2023, candidates for home healthcare licenses can submit requests for transfer of criminal record clearance online. This law also removes the need for candidates to submit government-issued identification during the transfer request.
California SB 1126: Benefits: 401K/Retirement/Pension
A payroll deposit retirement savings arrangement must be implemented by employers with one or more employees, who do not currently offer a retirement savings program by December 31, 2025. This bill also broadens the “eligible employer” definition under the CalSavers program to include those with one or more employees.
California SB 1162: Wage Transparency
Companies with 15 or more employees must now disclose a position’s pay scale in its job posting. This law also requires employers with 100 or more contracted employees to submit separate yearly pay data reports about the contracted employees.
Alaska Labor Law Updates
Minimum Wage Update
This update raises the minimum wage for employees to $10.85 per hour, effective January 1, 2023.
Alaska HB 125: Hiring: Veterans Preference
This law increases the preference private sector employers must give to military spouses and dependent children, including surviving spouses of dead service members.
Arizona Labor Law Updates
Minimum Wage Update
This update raises the minimum wage for employees to $13.35 per hour, effective January 1, 2023.
Background Checks: Criminal
This update enables a person to request that all case files of criminal offenses be sealed if they were any of the following:
- Charged with a crime that was later dropped or resulted in a not guilty verdict at trial
- Charged with a crime later dropped or resulted in a not guilty verdict at trial
- Arrested for a crime that was later dropped or resulted in a not guilty verdict at trial.
Colorado Labor Law Updates
Minimum Wage Update
This update raises the minimum wage for employees to $13.65 per hour, effective January 1, 2023.
Colorado: Amendments to Paid Sick Leave Pay Calculation
Effective January 1, 2023, regulations changed regarding how employers calculate the rate of pay when employees use paid sick and safe leave and/or public health emergency leave.
Colorado SB 22-161: Wage Theft
The penalties for businesses that don’t pay their employees on time have increased, and the Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics is now permitted to investigate wage claims brought by a group of similarly situated individuals. Additionally, there are now limitations on how much an employer can be reimbursed for in court fees when a lawsuit against them is successfully defended. The changes also tighten restrictions on businesses’ power to take money out of an employee’s final paycheck to pay for unreturned company property. Minor clauses entered into effect on August 10, 2022, but the majority of the revisions go into effect on January 1, 2023.
Connecticut Labor Law Changes
Minimum Wage Updates
- This update raises the minimum wage for employees to $14.00 per hour, effective January 1, 2023
- In restaurants and hotel restaurants, for the 7th consecutive day of work, premium pay is required at time and one half the minimum rate
- The Connecticut minimum wage is scheduled to increase to $15.00 per hour on June 1, 2023
- The Connecticut minimum wage rate now automatically increases to 0.5 percent above the rate set in the Fair Labor Standards Act if the federal minimum wage rate equals or becomes higher than the State minimum
District of Columbia Labor Law Updates
District of Columbia Tipped Wage Workers Fairness Amendment Act: Sexual Harassment Training
Businesses covered under this act with tipped staff are required to provide a certified report of sexual harassment claims for the calendar years 2020 and 2021 by December 31, 2022, along with a copy of their sexual harassment policy. The deadline for submitting harassment claims originating in 2022 is set for March 1st, 2023. From its original deadline of December 31, 2022, the DC Office of Human Rights has proposed that it move the completion date for sexual harassment training to March 2023.
*Note that a referendum initiative for tip workers in 2022 might render these requirements unnecessary.
District of Columbia B24-0916: Disability Insurance
This law prohibits using a marijuana test as a hiring requirement unless certain conditions are met.
The anticipated effective law for this law is November 17, 2022, following the mayor’s approval, a 60-day congressional review period, and publication in the DC Register.
*Note that until and unless it is funded by being included in an authorised budget, which cannot be established at this time, this legislation will not be in effect and enforced.
Florida Labor Law Updates
Florida: Miami Beach CROWN Act: Hairstyle Discrimination
This law forbids job discrimination based on protective or natural hairstyles, typically associated with racial and national identity.
Hawaii Labor Law Changes
- This update raises the minimum wage for employees to $12.00 per hour, effective January 1, 2023
- An employee earning a guaranteed monthly compensation of $2,000 or more is exempt from the state minimum wage and overtime law
- Domestic service workers are subject to Hawaii’s minimum wage and overtime requirements. Act 248, Regular Session 2013
- The state law excludes from coverage any employment that is subject to the federal Fair Labor Standards Act unless the state wage rate is higher than the federal rate
Illinois Labor Law Updates
Amendment to Bereavement Leave
Effective January 1, 2023, Illinois amended the scope of the Child Bereavement Leave Act (CBLA), and renamed it to Family Bereavement Leave Act (FBLA). The amendment to the act includes two changes:
1. Expanded definition of family leave.
2. Inclusion of fertility-related loss.
Additional Meal Breaks For Longer Shifts
Effective January 1, 2023, an employee who works in excess of 7.5 continuous hours shall be entitled to an additional 20-minute meal period for every additional 4.5 continuous hours worked. A meal period shall not include reasonable time spent using the restroom facilities.
One Day Rest In Seven Act
Effective January 1, 2023, every employer shall allow every employee at least 24 consecutive hours of rest in every consecutive 7-day period, in addition to the regular period of rest allowed at the close of each working day. The amendment effectively deletes the concept of the “calendar week”.
Illinois SB 1480 and SB 1847: Pay Data Reporting
This law imposes new certification and wage data reporting requirements, as well as comparable reporting duties, on businesses that now submit EEO-1 reports to the state of Illinois.
*Note that these regulations took effect in 2021, but will start being enforced as of January 1st, 2023.
Illinois SB 3616: Hairstyle Discrimination
The Illinois Human Rights Act is modified to forbid discrimination by employers based on certain protected characteristics, including race. This change broadens the definition of “race” to encompass characteristics related to race, such as protective hairstyles like braids, locks, and twists, as well as hair texture.
Maine Labor Law Updates
Maine HP 160-LD 225: Wage & Hour: Vacation Payout
The state’s wages statute has been amended to ensure that all unused paid vacation accrued pursuant to the employer’s vacation policy, on and after January 1, 2023, shall be reimbursed to the employee upon cessation of employment. The amendment requires private employers with 11 or more employees to pay all unused vacation to an employee at the end of employment, regardless of the employer’s policy. Payment must be made in full no later than the employee’s next regular payday. The revisions went into effect on July 19, 2022, though the operating date is January 1, 2023.
Minnesota Labor Law Changes
The update raises the minimum wage for employees to $10.59 per hour, effective January 1, 2023.
Small employer (enterprise with annual revenues of less than $500,000)
This update raises the minimum wage for employees to $8.63 per hour, effective January 1, 2023.
The minimum wage is adjusted annually based on a set formula.
Employees under 18 years may be paid $8.63 per hour
Montana Employment Law Updates
Business with gross annual sales of more than $110,000:
The update raises the minimum wage for employees to $9.95 per hour, effective January 1, 2023.
Business not covered by the Fair Labor Standards Act with gross annual sales of $110,000 or less:
Basic Minimum Rate (per hour): $4.00
Premium Pay After Designated Hours 1: Weekly – 40
A business not covered by the federal Fair Labor Standards Act whose gross annual sales are $110,000 or less may pay $4.00 per hour. However, if an individual employee is producing or moving goods between states or otherwise covered by the federal Fair Labor Standards Act, that employee must be paid the greater of either the federal minimum wage or Montana’s minimum wage.
The minimum wage is adjusted annually based on a set formula.
New Jersey Labor Law Updates
Effective January 1, 2023, the minimum wage for employees increased to $14.13 per hour.
New Jersey SB 315 (AB 3684): Business Restructuring: Health Care Industry
Specific healthcare organizations’ sale agreements must adhere to collective bargaining agreements and maintain employee salary and benefits.
New York Labor Law Updates
New York SB 2928: Protected Time Off: Scope of Coverage
Siblings are considered to be family members for the purposes of paid family leave.
New York: NYC Int. No. 1894-2020: Artificial Intelligence (AI) & Robotics
This law mandates that if a candidate has been analyzed using an automated employment decision tool, the employer must notify that applicant.
New York: NYC Int. No. 0134-2022: Wage Transparency
This update introduces a private right of action for employees, clarifies the professions for which salary ranges in the city wage transparency legislation must be publicized, and moves the implementation date to November 1, 2022.
New York: Westchester County Ordinance No. 2022-119: Wage Transparency
This change makes it illegal for an employer to publish an ad for a job, promotion, or transfer opportunity without mentioning the starting and maximum pay range for the position.
North Carolina Employment Law Changes
This update raises the minimum wage for employees to $7.25 per hour, effective January 1, 2023.
Premium pay is required after 45 hours a week in seasonal amusement or recreational establishments.
North Dakota Labor Law Changes
This update raises the minimum wage for employees to $7.25 per hour, effective January 1, 2023.
Ohio Employment Law Changes
Employers with annual gross receipts of $372,000 or more:
This update raises the minimum wage for employees to $10.10 per hour, effective January 1, 2023.
Employers with annual gross receipts under $372,000:
Basic Minimum Rate (per hour): $7.25
Premium Pay After Designated Hours: Weekly – 40
The minimum wage is adjusted annually based on a set formula.
Oregon Labor Law Updates
Paid Family & Medical Leave
The Oregon Employment Department (OED) has published the rules governing Oregon’s new Paid Family and Medical Leave Insurance (PFMLI) program. Beginning from January 1, 2023, the PFMLI program will be funded by employer and employee contributions, in the form of payroll deductions. And, employees will be eligible to take up to 12 weeks of paid time off for family or medical leave or to address a domestic violence situation, from September 3, 2023.
Oregon HB 4086: Workers Compensation: Anti-Retaliation
This change increases the scope of the anti-retaliation provisions of the workers’ compensation statute and defines “beneficiary,” “child,” and “dependent.”
Oregon HB 4138: Notifications: Temporary Disability Benefits
This law allows employers to stop paying out benefits for temporary disability only after giving notice. This written notice must explain why the benefits are being terminated.
Oregon SB 1515: Protected Time Off: FMLA Paid
The term “benefit year” has been changed for the purposes of the paid family and medical leave insurance program.
Oregon SB 1586: Nondisclosure Agreements
This change clarifies provisions prohibiting employers from signing nondisclosure agreements that include, but are not limited to, terms addressing sexual assault, harassment at work, and discrimination.
Pennsylvania: Law, Ordinance or Regulation
Pennsylvania: Philadelphia Ordinance No. 220337: Benefits: Transportation
This law imposes a benefits program for mass transport and bicycle commuting on employers with 50 or more employees.
Rhode Island Labor Law Updates
Effective January 1, 2023, the minimum wage for employees increased to $13.00 per hour.
Rhode Island HB 5261 / SB 270: Wage Transparency & Salary History
This change prohibits asking about a candidate’s prior earnings, or basing employment or wage decisions on them. It requires companies to post a compensation range for each position and forbids wage discrimination.
Rhode Island SB 2548: Benefits: Reproductive Health
This change creates a special enrollment option that enables pregnant employees to sign up for health insurance at any time after their pregnancy begins.
Utah Island Labor Law Updates
Utah SB 39: Tax Withholding
This law changes the responsibility of the employer for certain non-resident employees’ withholding.
Texas Labor Law Changes
This update raises the minimum wage for employees to $7.25 per hour, effective January 1, 2023.
The state law excludes from coverage any employment that is subject to the federal Fair Labor Standards Act.
The Texas State minimum wage law does not contain current dollar minimums. Instead the state adopts the federal minimum wage rate by reference.
Virginia Labor Law Updates
Effective January 1, 2023, the minimum wage for employees increased to $12.00 per hour.
Virginia HB 258: Hospitality: Human Trafficking Training
This change demands training for hotel staff on recognizing human trafficking indicators.
Virginia HB 2307 / SB 1392: Data Security Breach Notification
This change gives individuals some control over their personal information by establishing the Consumer Data Protection Act. The law clearly exempts data that is processed or retained in the course of a person applying to, being hired by, or acting as an agent or contractor of a controller, process, or other entity, provided that the data is used and gathered in the context of that work.
Washington Labor Law Updates
Washington SB 5761: Wage Transparency
This change mandates that employers give a thorough description of benefits in employment advertisements, along with details on hourly or salary pay.
Washington Final Rule re Employer Quarterly Tax Reports
This law requires businesses to include the Standard Occupational Classification code or job title of each employee in their quarterly tax returns.
Washington 2023 Non-Compete Enforceability Thresholds (Annual Announcement): Noncompete Agreement
This change increases the non-compete enforceability threshold for employee earnings to account for inflation, using the consumer price index.
Note that the overtime premium rate is one and one-half times the employee’s regular rate, unless otherwise specified.
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The COVID-19 pandemic and the rise of the remote working culture have been true game-changers in the employment segment. They have affected every facet of how businesses operate, including labor law policies. Corporate policies, employment contracts, bylaws, and agreements are all part of above.
The policies in force in 2021 or earlier may no longer be relevant in 2022. As the pandemic continues and cases increase, there could be ongoing changes to labor laws. Let us look at the 2022 employment law updates across different regions in the U.S. you need to consider.
Federal Labor Law Changes
Wage & Hour
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United States DOL Final Rule re: Partial Withdrawal of Tip Regulations under the FLSA (29 CFR Part 531)
This change reemphasizes the 80/20 rule overseeing the payment of employees who receive tips according to the Fair Labor Standards Act (FLSA). Employers remain entitled to tip credit only when they perform tipped occupation work. Any work outside tipped activities will need a payment of full minimum wage.
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United States DOL Final Rule re: Tip Regulations under the FLSA and Partial Withdrawal (29 CFR Parts 531, 578, 579, and 580)
There are clarifications on amendments related to section 3(m) of the FLSA. The Department of Labor (DOL) has the right to levy penalties on employers of up to $1,100 per violation if they unlawfully hold back employee tips.
Government Contractors
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White House Executive Order 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors
Executive agencies need to amend federal contracts. This will enable federal contractors to take measures to fight COVID-19. Subcontractors also need to take the same measures.
COVID-19
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United States OSHA COVID-19 Vaccination & Testing Emergency Temporary Standard (29 CFR Parts 1910, 1915, 1917, 1918, 1926, 1928)
Employers with 100+ employees need to have a compulsory COVID-19 vaccination policy. There will be exceptions for employers that ask employees to get vaccinated or undergo regular COVID-19 tests and cover their faces with masks. Religious and medical exceptions will apply for qualifying people.
Each covered employee needs full vaccination or weekly COVID-19 tests starting 04 January 2022. Employers should also get vaccination proof from their employees. Vaccination and testing records will not be subject to the 30-year document retention policy.
Healthcare Industry
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United States CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule
Each staff member of Medicaid- and Medicare-related healthcare providers should be fully vaccinated by 04 January 2022. Exemptions will remain applicable on medical or religious grounds.
Alabama Labor Law Updates
Non-disparagement Contract Clauses
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Alabama HB 494
This change gives SOPs for the creation of non-disparagement agreements. Some circumstances give plaintiffs the chance to recover liquidated damages for clause breaches.
COVID-19
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Alabama SB 9
Employers need to allow religious exemptions for vaccination mandates.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Alabama Labor Law
California Labor Law Changes
Wage Theft
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California AB 1003
Intentional wage theft of $950 from one or $2350 from multiple employees during a year will amount to grand theft. Independent contractors are also protected under this law.
Protected Time Off
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California AB 1033
Employees can use CFRA leave to look after their parents-in-law.
Criminal Background Checks
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California AB 1171
Employers need to report felony convictions but are exempt from reporting misdemeanor convictions of employees. The requirement is that employers must notify parents/guardians if their child will be supervised by an employee with the specified convictions.
Independent Contractors
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California AB 1506
Newspaper carriers get the ABC test exemption until 31 December 2024.
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California AB 1561
Licensed manicurists, construction trucking workers, data aggregators, research subjects, claims adjusters, third-party administrators, and manufactured housing salespeople get the ABC test exemption till 31 December 2024.
Protected Time Off
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California AB 1578
Public sector workers can take CFRA leave to care for parents-in-law.
Production Quotas
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California AB 701
Warehouse distribution center employers should give the quota description of employees when hired. There is also a prohibition on quotas that prevent employees from fulfilling health and safety laws, rest periods, and meals.
Port Drayage Motor Carriers
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California AB 794
Port drayage motor carriers get financial incentives if they opt for electric vehicles.
Privacy: Data Security Breach Notification
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California AB 825
In addition to the existing notification guidelines, individuals must now be notified if their genetic data is involved in a security breach.
Benefits: Health Insurance
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California SB 255
Employer associations can deliver healthcare services plans in line with ERISA if they have their headquarters in California.
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California SB 326
This change lists the requirements for employer welfare arrangements related to group health plans.
Nondisclosure Agreements
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California SB 331
Employers remain prohibited from asking employees to sign non-disparagement and settlement agreements, such as those related to discrimination, harassment, and unlawful acts in the workplace.
Port Drayage Motor Carriers: Employer Liability
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California SB 338
Customers who engage with and use the port drayage motor carrier will remain jointly and severally liable for penalties and damages based on violations.
Wage & Hour: Penalties
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California SB 572
Labor Commissioners can place liens on properties to recover penalties arising due to violation of labor codes.
Employer Liability
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California SB 606
If employers do not refute the presumption created by this bill, DOSH can issue employer-wide citations.
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California SB 62
This change prohibits payment to garment workers on a piece-rate basis. Contractors and garment manufacturers face penalties of $200 per employee.
Disability: Subminimum Wage
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California SB 639
The licensing program for subminimum wages for specially-abled persons has been phased out. By 01 January 2025, all such employees will get no less than local and state minimum wages.
Labor Relations: PAGA Exemption
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California SB 646
PAGA gets an exception for janitorial employees regarding work completed through a valid collective bargaining agreement.
Employee Notifications
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California SB 657
Employers now have the authority to provide postings and notices via emails.
Benefits: Health Insurance
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California SB 718
Employer associations can deliver healthcare services plans until 01 January 2026, in line with ERISA.
Employer Liability
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California SB 727
Private construction contracts and direct contractors face joint liability for liquidated damages arising due to unpaid wages.
Tolling of Claims
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California SB 807
This change tolls the time for civil actions initiated by FEHA when DFEH files a civil action or issues notice of closed investigations.
Benefits: Health Insurance
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California: San Francisco 2022 Healthcare Expenditure Rate (Annual Announcement)
Employers with 100 or more employees now have a healthcare expenditure rate of USD 3.30 per hour. The rate is USD 2.20 per hour for employers with an employee count between 20 and 99.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the California Labor Law
Colorado Labor Law Updates
Home Health Services
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Colorado HB 1123
Employers should provide employees access to the professional licence number issued by the Department of Regulatory Agencies in cases where an employee is substantiated due to mistreatment or of an at-risk adult.
Right of Retention
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Colorado: Denver Ordinance No. 21-0818
Workers who provide services under city contracts, including janitorial, airport, parking, security, and childcare, now have a right of retention at the time of contract expiration or change in control.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Colorado Labor Law
Connecticut Labor Law Changes
Unemployment Insurance
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Connecticut HB 6633
This change restructures unemployment insurance benefits and amendments to employer contributions.
Employer Tax Credits
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Connecticut SB 72
Employers who pay for student loans for full-time employees receive a tax credit.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Connecticut Labor Law
District of Columbia Labor Law Updates
Protected Time Off: D.C. FMLA
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District of Columbia B 285
The Universal Paid Leave Act has been amended. The paid leave entitlement now includes2 workweeks of pre-natal leave, 8 workweeks of parental leave, 6 workweeks each for family leave & medical leave.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the District of Columbia Labor Law
Hawaii Labor Law Changes
Wage and Tax Statement Filing
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Hawaii SB 1196 (HB 1042)
The due date for employers to file tax and wage statements has been changed to the last day of February. The old due date was January 31.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Hawaii Labor Law
Illinois Employment Law Updates
Benefits: 401K/Retirement/Pension
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Illinois HB 117
The Illinois Secure Choice Savings Program Act has been amended. It now includes employers with a minimum of five employees instead of 25 or more.
Salary History
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Illinois HB 1207
Employers continue to be prohibited from asking about an applicant’s salary. They can provide compensation details for the applied position.
Disability Discrimination
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Illinois HB 1838
Disability-related discrimination now includes discrimination against an individual because of their association with the disability.
Protected Time Off: Domestic Violence
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Illinois HB 3582
Victims of violent crimes and their family members now receive unpaid leave. Victims also get voluntary leave benefits.
Artificial Intelligence (AI) & Robotics
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Illinois HB 53
Employers who rely on artificial intelligence to screen interview candidates should report race- and ethnicity-related data of selected and non-selected candidates.
Hospitality: Human Trafficking
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Illinois HB 1600
Restaurants and truck stops need to provide their employees with training to recognize human trafficking.
EEO Reporting
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Illinois SB 1730
Public corporations should report the self-identified gender identity and self-identified sexual orientation of their directors.
Civil Procedure
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Illinois SB 2486
Individuals aggrieved due to disclosures in a disciplinary report can complain to the state Director of Labor. They can also approach the court within three years of the violation.
Benefits: Health Insurance
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Illinois SB 258
Employers can remove children from the health insurance coverage of obligors. This applies when the employer does not provide a group health insurance plan or the child is not eligible due to state or federal restrictions.
Non-Compete Agreements
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Illinois SB 672
Employers cannot enter into non-compete agreements with employees who earn less than USD 75,000 annually.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Illinois Employment Law
Gain Centralized Visibility and Control Over Your Gross Time and Pay Data
Minnesota Employment Law Changes
Lactation Accommodation
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Minnesota SB 9
Employers cannot cut an employee’s pay during the lactation break. Employees should also be provided with reasonable accommodation during pregnancy and childbirth.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Minnesota Employment Law
Montana Employment Law Updates
Discrimination: Off-Duty Conduct
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Montana HB 701 (LC 2367)
Employers cannot discriminate against an employee for legal use of marijuana outside of their working hours.
Benefits: Health Insurance
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Montana SB 217 (LC 759)
Different employer welfare arrangements should comply with the Mental Health Parity Act.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Montana Employment Law
New Jersey Employment Law Changes
Employee Misclassification
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New Jersey AB 5892 (SB 3922)
Employers cannot misclassify employees to evade payments related to insurance premiums. This is a violation of the New Jersey Insurance Fraud Prevention Act and invites a penalty of USD 5,000 for the first violation.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the New Jersey Employment Law
New York Employment Law Updates
Employer Liability
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New York SB 2766C/AB 3350A
General contractors remain severally and jointly liable for wages, benefits, and wage supplements owed by subcontractors to construction workers.
Whistleblower Protection
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New York SB 4394(AB2546)
Whistleblower protection now extends to former employees and independent contractors. The amendment also protects employees who report law-violating policies or practices of their employer.
Privacy: Surveillance
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New York AB 430 (SB 2628)
Employers should post and give employees written notice ofany electronic monitoring they are likely to be subject to.
Protected Time Off: Paid FMLA
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New York Final Rule re: Paid Family Leave Intermittent Leave (12 NYCRR 380-2.5)
This change clarifies the intermittent leave days for eligible employees. They can take a maximum of 60 days’ leave as long as they work at least five days a week.
Discrimination: Protected Classifications
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New York: NYC Int. No. 0339-2018
This change amends the New York City Human Rights Law such that domestic workers are now included as covered employees.
Labor Relations
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New York: NYC Int. No. 2252-2021
City human services contractors should enter into labor peace agreements.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the New York Employment Law
North Carolina Employment Law Changes
Discrimination: Protected Classifications
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North Carolina: Wake County Ordinance No. 16-3697/ North Carolina: Charlotte Ordinance No. 2021-115
Employers cannot discriminate in employment based on a protected class. The amended definition of protected class includes gender expression, sexual orientation, gender identity, and natural hairstyle.
Discrimination: Protected Classifications
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North Carolina: Winston-Salem Ordinance No. 2021-23
Employers cannot discriminate in employment and public accommodations based on a protected class.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the North Carolina Employment Law
North Dakota Labor Law Changes
Tax Issues
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North Dakota HB 1082
Employers should file an annual return to the tax commissioner. This applies when the deducted and withheld amount is less than USD 1,000.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the North Dakota Labor Law
Ohio Employment Law Changes
Title III Accommodations
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Ohio: Cincinnati Ordinance No. 202102521
Everyone should have equal access to single-occupancy toilet facilities in public places, irrespective of their sex, gender identity, physical or mental capacity, or familial status.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Ohio Employment Law
Oregon Labor Law Changes
Record Retention: Workers’ Compensation Claims
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Oregon HB 2039
Employers can keep worker compensation records outside Oregon if they remain available with the Department of Consumer and Business Services at a location within Oregon.
Statute of Limitations
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Oregon HB 2420
This change provides aone-year extension to the statute of limitations for filing workplace health and safety reporting retaliations.
Protected Time Off
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Oregon HB 2474
Employers with one or more employees are now entitled to family leave provisions to cover the closure of childcare providers or schools due to situations like COVID-19.
Discrimination: Protected Classifications
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Oregon HB 2935
This change expands the meaning of race to include natural hairstyles.
Worker Classification
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Oregon HB 3188
This update changes the definition of “worker” to include people who charge compensation for services. The only exception is independent contractors.
Non-Compete Agreements
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Oregon SB 169
This change clarifies the definition of protectable interest necessary for an enforceable non-compete agreement. The duration of non-compete agreements is a year from the time the employee resigns.
Hiring Discrimination
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Oregon SB 569
This change makes it unlawful for employers to ask for a valid driver’s license, unless it is a legal requirement to perform the job.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Oregon Labor Law
Pennsylvania Employment Law Changes
Drug Testing
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Pennsylvania: Philadelphia Bill No. 200625
Employers cannot ask employees to get tested for the presence of marijuana before hiring them.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Pennsylvania Employment Law
Rhode Island Labor Law Changes
Hospitality: Human Trafficking
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Rhode Island HB 5270
Hotels should, in good faith, post human trafficking awareness messages in English and one more language if spoken by 10 percent of the staff.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Rhode Island Labor Law
Texas Employment Law Changes
Background Checks: Criminal
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Texas: DeSoto Fair Chance Ordinance
Employers cannot inquire about the criminal history of employees on initial job applications.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Texas Employment Law
Washington Labor Law Changes
Wage & Hour: Penalties
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Washington SB 5355 (HB 1369)
Employees, except highly-paid ones as defined by statute, can now place liens on the personal and real properties of employers for wage claims.
Noncompete Agreements
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Washington 2022 Non-Compete Enforceability Thresholds (Annual Announcement)
This change increases the non-compete enforceability threshold to cover inflation with the consumer price index.
Workplace Posters
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Washington Final Rule re: Posting Citation and Notices (WAC 296-900-13015)
This change extends the required posting duration ofworkplace safety citations by a week. Employers can be notified via electronic citations and workplace postings.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the Washington Labor Law
West Virginia Employment Law Changes
Discrimination: COVID-19
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West Virginia HB 335
Employers must now permit medical or notarized certification from licensed physicians or advanced practice registered nurses that indicate the individual’s religious beliefs prevent them from getting vaccinated.
Learn more about the hours and pay regulations, minimum wages, overtime laws and time off policies under the West Virginia Employment Law
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