The trend of increasing workplace regulation by state and local governments continued through the fourth quarter of 2022. While we cannot cover every state and local law, this update provides an overview of recent and upcoming legal developments to help you and your organization stay on track. comply. (Please note that the minimum wage rate and movements related to the new coronavirus infection are not included.)
Alabama
Firearm protection: Beginning January 1, 2023, employers may not restrict employees from transporting or storing legal firearms in the employee’s personal vehicle at the workplace, subject to certain conditions and storage requirements. you can’t.
Arizona
Blank slate: Effective December 31, 2022, Arizona will allow individuals to petition to seal case records in certain circumstances. If an individual’s petition for a criminal record seal is granted, the person must state on their employment application that they have never been arrested, charged, or convicted of any crime, subject to certain exceptions. I can.
California
See the October 2022 Update for more information about California law taking effect in 2023. Bereavement Leave and Protection for Workers in Emergency Situations.
Discrimination Based on Reproductive Health Determination: Effective January 1, 2023, the California Fair Employment and Housing Act (FEHA) will be amended to prohibit discrimination based on reproductive health decisions.
Hate symbols at work: Effective January 1, 2023, California amended its criminal code to make it a criminal offense to intentionally display certain hate symbols in certain locations, including places of employment, if the purpose of the display is an act of terrorism. did.
Los Angeles
Fair Work Week: The Los Angeles City Council has approved the Fair Work Week Ordinance (FWWO) effective April 1, 2023.
- Honest estimates of work schedules
- Right to request schedule changes
- advance notice of attendance
- provide additional work before hiring other workers
- Predictable payments for specific schedule changes
- break between shifts
Colorado
Final wage payment: Beginning January 1, 2023, employers must provide specific notice before deducting from the final pay of employees who have been laid off and failed to return or pay company property.
Paid family and medical leave premium withholding: Starting January 1, 2023, we will begin withholding the Colorado Paid Family Medical Leave (PFML) program.
connecticut
Blank slate: Effective January 1, 2023, Connecticut’s new blank slate law requires employers to require current or prospective employees to disclose expunged criminal record information and prohibits discrimination based on this information. is prohibited. Employers may not (with certain exceptions) inquire about a prospective employee’s previous arrests, criminal charges, or convictions on their initial employment application, and may not inquire about the applicant’s criminal record. must be informed of the terms of
Delaware
Final salary: Effective October 7, 2022, employers are required to send their final paychecks to their employees no later than the day following regular wages or three business days after the employee last worked, whichever is later. Must be provided and employers who do not comply will be held accountable. The amount of unpaid wages or 10% of his daily unpaid wages, whichever is lower, as long as the delay continues.
Wage theft: Effective October 7, 2022, Delaware will expand the definition of wage theft to make wage theft committed by an employer a criminal offense punishable as a misdemeanor or certain types of felonies, depending on the value of the theft. did. The state’s definition of “wage” was also amended to read: , subject to deductions, fees, or benefits permitted by Delaware Department of Labor regulations.
District of Columbia
Expanding protection under human rights law: Effective October 1, 2022, the District of Columbia’s human rights law was amended to include an individual working or seeking work as an independent contractor in the definition of employee. In addition, laws were amended to prohibit discrimination on the basis of homelessness.
Georgia
Atlanta
Expansion of protected categories: Effective October 26, 2022, Atlanta, Georgia revised its Human Relations Code to prohibit discrimination based on criminal record or gender expression. This ordinance applies to employers who have 10 or more employees of her.
Illinois
Hairstyle discrimination: Effective January 1, 2023, the definition of race under the Illinois Human Rights Code was amended to cover characteristics related to race. This includes, but is not limited to, hair textures and protective hairstyles such as braids, locks, and twists.
Maryland
Medical Leave Retaliation and Notice Policy: The counter-retaliation and notice provisions of Maryland’s Time to Care Act of 2022, which provides PFML to employees, will take effect on January 1, 2023. Eligible individuals must make contributions beginning October 1, 2023, and employees can access her PFML benefits beginning January 1, 2023. , 2025.
Missouri
Recreational and Medical Marijuana: Voters in Missouri have approved a ballot measure that would legalize recreational marijuana in the state and amend medical marijuana laws. Effective December 8, 2022, employers are prohibited from discriminating against employees with medical marijuana ID cards because: (2) legally using marijuana off the employer’s premises after hours; (3) A positive marijuana test, unless the employee used, possessed, or was under the influence of marijuana while on the job; Employers may continue to conduct pre-employment, random, reasonable suspicion, and post-accident drug tests for THC, but for lawful off-duty medical use (except jobs covered by DOT). Consideration should be given to applicants and employees who test positive for It remains unclear whether employment protections under state off-duty laws extend to recreational cannabis used off-duty and off employer premises.
New York
Paid family leave Eligible family members: Beginning January 1, 2023, New York State’s Paid Family Leave (PFL) will be expanded to include an employee’s biological, adopted, half or brother-in-law as eligible family members became.
New York State Salary Transparency: On December 21, 2022, New York Governor Kathy Hochul issued a statement to all New York employers about all advertised jobs, promotions, and at least transfer opportunities that can or will be taken. Signed legislation requiring minimum and maximum annual or hourly wage ranges to be listed. Part, New York. The new law he will come into force on September 17, 2023.
Electronic Submission: On December 16, 2022, New York Governor Ho-Chol signed New York Legislative Bill A7595. The bill would allow all New York employers to post all workplace posters electronically (either on the employer’s website or by email) and notify employees that those posts are available. need to do it. electronically. The law, as written, is intended to require electronic posting of both federal and state workplace posters.
Accommodation for nursing mothers: On December 9, 2022, New York Governor Hochul signed a law expanding New York’s requirements for breastfeeding in the workplace. This he will enter into force on June 7, 2023. Private employer requirements are now aligned with state employer requirements. Spaces are convenient and private and include seating, access to water and electricity, and work spaces,” and employers must develop and implement written policies regarding these rights. .
Retaliation for Lawful Absence: New York Governor Hochul signed a bill amending Section 215 of the New York Labor Code to prohibit employers from disciplining employees who take legally protected leave. Specifically, the Amendment allows employers to “subject, or potentially subject, employees to disciplinary action for using legally protected leave under federal law, Evaluating deductions, accruals or otherwise from the bank for allotted time is prohibited. , local or state law. As a result, employers may fail to maintain “no-fault” attendance policies and procedures, and workers who take legally protected leave may be penalized. This law will come into effect on his February 19, 2023.
Protection Based on Citizenship and Immigration Status: On December 23, 2022, New York Governor Hochul signed into law a bill amending the New York State Human Rights Act (NYSHRL) to prohibit discrimination, harassment, and retaliation based on an individual’s citizenship or immigration status. Employers are still allowed to prove an individual’s citizenship or immigration status when required by law. The law came into force immediately.
new york city
Wage transparency: Effective November 1, 2022, New York City employers with four or more employees must include minimum and maximum salaries or hourly wages in all listings for job openings and promotion or transfer opportunities in the city. I have. See previous update for details.
Westchester County
Wage transparency: Effective November 6, 2022, employers in Westchester County, New York with four or more employees may post job openings, promotions, or transfer opportunities without including the minimum and maximum salary for the position. is an illegal discriminatory practice.
Oregon
Paid Sick Leave Employee Qualifications: Effective January 1, 2023, the Oregon Sick Time Act (OSTL) provisions related to eligibility have changed.
Workplace Fairness Law: Effective January 1, 2023, the Oregon Workplace Fairness Act, which limits the application of confidentiality agreements to the disclosure of discriminatory or harassing behavior, was amended to clarify its application to former employees and Settlement proposals subject to a confidentiality clause request are prohibited. Employers must also provide a non-discrimination policy to employees who are asked to sign contracts containing confidentiality clauses.
pennsylvania
Protecting LGBTQ+ Individuals: The Pennsylvania Commission on Human Relations has approved regulations that strengthen anti-discrimination protections in employment, including for LGBTQ+ individuals and race-related characteristics such as hair texture and protective hairstyles.
rhode island
Pay Equity: Rhode Island’s pay equity law will come into effect on January 1, 2023. Under this law, employers must not only determine gender, but also race, color, religion, sexual orientation, gender identity or expression, disability, age and national origin. The law also prohibits retaliation, limits salary history inquiries on employment applications, and requires employers to provide applicants and employees with a salary range for positions they apply for or hold.
Tennessee
E-Verify Employer Coverage Thresholds: Starting January 1, 2023, Tennessee’s Legal Employment Act was amended to allow employers with 35 or more employees to use the federal E-Verify program to verify new employees hired after that date. must verify the legal status of The previous threshold was her 50 employees.
Virginia
Human trafficking: Beginning January 1, 2023, all Virginia hotel owners will be required to complete an approved training course for covered employees on recognizing and reporting suspected cases of human trafficking. must be requested.
Washington
Wage transparency: Effective January 1, 2023, Washington state employers with 15 or more employees must include a salary range (including a general description of benefits and other compensation) in each job posting.
