With new state employment laws continuously being enacted, it can be challenging to keep up on each change and ensure that your policies and practices are compliant. We have your solution.
This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.
Here’s what’s on the horizon:
May 2023
- Amendments to California's Pay Transparency for Pay Equity Act effective in May.
June 2023
- New York expands its law governing break time for nursing employees effective June 7.
- Federal Pregnant Workers Fairness Act requirements effective June 27.
- Michigan amends its Civil Rights Act to add sexual orientation and gender identity or expression as classes protected from discrimination effective June 14.
July 2023
- Bloomington, Minnesota paid sick leave requirements effective July 1.
- D.C. Cannabis Employment Protections Amendment Act effective July 1.
- Maryland constitutional amendment legalizing recreational marijuana effective July 1.
August 2023
- Minnesota law amending the definition of race under the state's Human Rights Act to include traits associated with race, such as hair texture and hair styles, effective August 1.
September 2023
- New York statewide pay disclosure law goes into effect September 17.
- Oregon paid family leave benefits begin September 3.
October 2023
- Maryland paid family and medical leave contributions begin October 1.
2024
- California prohibits discrimination against off-duty use of cannabis and implements new marijuana drug screening requirements effective January 1.
- Colorado paid family leave benefits begin January 1.
- Illinois Paid Leave For All Workers Act effective January 1.
- Illinois employers with more than 100 employees must file equal pay registration certificate effective March 23.
2025
- Maryland paid family and medical leave benefits begin January 1.
- Delaware paid family and medical leave law contributions expected to begin January 1.
2026
- Delaware paid family and medical leave benefits begin January 1.
In case you missed it:
February 2023
- New York law prohibiting employers from penalizing, discriminating, or retaliating against an employee for taking any legally protected absence effective February 19.
- San Francisco Military Leave Pay Protection Act effective February 19.
COVID-19-Related Leave Law and Other Changes:
- New York vaccine paid leave effective through December 31, 2023.
- Nevada COVID-19 vaccine leave effective June 9, 2021.
- Cook County, Illinois COVID-19 vaccine leave effective July 1, 2021.
- New York City paid sick leave for children's vaccinations effective November 2, 2021.
- Washington, D.C. paid vaccination leave effective November 18, 2021.
- New York quarantine leave law extended into 2022.
- Cal/OSHA COVID-19 duties extended until January 1, 2024; new posting requirements effective January 1, 2023.
- Philadelphia COVID-19 leave extended until December 2023.
- Colorado PHEL extended through May 2023.
- San Francisco PHEL leave effective October 1, 2022.
What to Watch:
The National Labor Relations Board issued a decision on February 21, ruling that confidentiality and nondisparagement provisions commonly included in employment severance agreements may be deemed unlawful under the National Labor Relations Act. NLRB General Counsel Jennifer Abruzzo has provided more clarity on the ruling, a summary of which can be found here.