Employment Legislation Outlook – September 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:

September 2023

• Texas ban on race-based hair discrimination effective September 1.
• Oregon paid family leave benefits begin payout September 3.
• New York statewide pay disclosure law goes into effect September 17.

October 2023

• Connecticut expands paid sick leave use for service workers.
• Maryland noncompete earnings threshold effective October 1.

December 2023

• Colorado EITC notification required before December 31.

2024

• California minimum wage and white collar exemption minimum annual salary increase effective January 1.
• 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.
• Maryland law increasing the state minimum wage to $15 an hour for all employees effective January 1.
• Minnesota paid sick time law effective January 1.
• Minnesota salary history ban effective January 1.
• Tennessee legalizes hemp-derived cannabinoids effective January 1.
• Illinois employers with more than 100 employees must file equal pay registration certificate effective March 23.
• Colorado wage theft enforcement fund effective April 1.
• Colorado prohibits requiring applicant’s age, date of birth or graduation date on job application effective July 1.
• Maryland paid family and medical leave contributions begin October 1.

2025

• Delaware paid family and medical leave law contributions expected to begin January 1.
• Maine paid family and medical leave program effective January 1.

2026

• Delaware paid family and medical leave benefits begin January 1.
• Maine paid family and medical leave benefits available January 1.
• Maryland paid family and medical leave benefits begin January 1.
• Minnesota paid family leave attributions begin January 1.

In case you missed it:

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.
• Minnesota permits recreational use of marijuana and provides protections for off-duty use starting August 1.
• Colorado amends anti-discrimination laws and implements requirements for nondisclosure agreements effective August 7.
• Colorado expands permitted use of paid sick leave effective August 7.
• Oregon employees can apply for paid family leave benefits starting August 14.

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 ends June 8, 2023.
• San Francisco PHEL leave effective October 1, 2022.

What to Watch:

Michigan Governor Gretchen Whitmer has publicly stated her intent to push legislators in her state for a paid family and medical leave program.