Employment Legislation Outlook – January 2023

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:

January 2023

• Employers should check for changes to minimum wage and to the exempt employee salary threshold in all states.
• Alabama weapons in the workplace law effective January 1.
• California Consumer Privacy Act employee/HR data processing exemptions expire January 1.
• California paid sick leave and CFRA expand to allow leave to care for "designated persons" effective January 1.
• California unpaid bereavement leave law effective January 1.
• California pay range disclosure law effective January 1.
• California law prohibiting retaliation against an employee who refuses to work during emergency conditions effective January 1.
• California law banning discrimination based on reproductive health decision-making effective January 1.
• Colorado paid family leave deductions begin January 1.
• Colorado wage theft amendments requiring notifications of certain payroll deductions for separated employees and increasing penalties for final pay violations effective January 1.
• Illinois revises the state’s meal and rest break law effective January 1.
• Illinois Family Bereavement Leave Act effective January 1.
• Illinois employers must begin filing annual reports similar to EEO-1 with the Illinois Secretary of State effective January 1.
• Illinois CROWN Act, which amends the definition of race under the state's Human Rights Act to include traits associated with race, including hair texture and protective hairstyles, effective January 1.
• Maine vacation payout changes effective January 1.
• New Hampshire voluntary Paid Family Leave effective January 1.
• New York expands Paid Family Leave Act effective January 1.
• Oregon requires paid family leave contributions January 1.
• Oregon Workplace Fairness Act amendments effective January 1.
• Rhode Island wage range and salary history law effective January 1.
• Washington requirement to provide salary range and benefits in job postings effective January 1.
• Washington non-compete enforceability thresholds revised effective January 1.

February 2023

• Michigan revised Earned Sick Time Act scheduled to go into effect in February.
• New York law prohibiting employers from penalizing, discriminating, or retaliating against an employee for taking any legally protected absence effective February 19.

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.

July 2023

• Bloomington, Minnesota paid sick leave requirements effective July 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 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:

December 2022

• Massachusetts employers must issue 2023 PFML rate sheets by December 2.

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.
• California supplemental paid sick ended December 31, 2022.
• Cal/OSHA COVID-19 duties extended until January 1, 2024; new posting requirements effective January 1, 2023.
• Los Angeles County COVID-19 vaccine leave extended.
• Philadelphia COVID-19 leave extended until December 2023.
• Colorado PHEL extended through February 8, 2023.
• San Francisco PHEL leave effective October 1, 2022.

What to Watch:

Don't forget about the state minimum wage increases on January 1 in Arizona, California, Colorado, Delaware, Illinois, Maryland, Massachusetts, New Jersey, New York, Rhode Island, Virginia, and Washington state. Additional minimum wage increases are scheduled for later in 2023 in Connecticut, Michigan, Nevada, and Florida.