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August 2023 Federal & State Legislative Updates

Overview of this month’s Legislative Updates:

Federal Legislative Updates

Legislative UpdateEffective DateVideo Shortcut
Form I-9 Updates and Remote Documentation Verification Announcement – Effect August 1, 2023, the new version of Form I‑9, Employment Eligibility Verification is now available for use.August 1, 2023Watch
EEOC Issues Updated Guidance on Visual Impairments and the ADA and Issues Related to Use of AI – The guidance document, entitled, Visual Disabilities in the Workplace and the Americans with Disabilities Act explains how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities and highlights new technologies for reasonable accommodations and addresses issues related to the use of AI decision-making tools.July 26, 2023Watch
OSHA Finalized New Rule on Electronic Recordkeeping Requirements – More employers will soon be required to electronically submit more detailed information about their workplace injuries and illnesses to the federal government every year. More information is available on the OSHA website and its Injury and Illness Recordkeeping and Reporting Requirements page.

OSHA Announces National Emphasis Program Focusing on Warehousing and Distribution Center Operations – The NEP is projected to lead to increased inspections and the possibility of citations and penalties.
January 1, 2024

July 13, 2023

State Legislative Updates

StateLegislative UpdateEffective DateVideo Shortcut
ConnecticutConnecticut Amends Paid Sick and Safe Leave Law – Connecticut’s paid sick and safe leave law is amended to add a mental health wellness day as a qualifying reason for paid sick leave and to extend paid safe leave coverage to eligible employees whose child is a victim of family violence or sexual assault under certain circumstances. 2023 CT S.B. 2.October 1, 2023Watch
ColoradoColorado Amends Paid Sick and Safe Leave Law – The amendment allows for additional reasons for leave.

Marital Status Protected – The state’s antidiscrimination law has been expanded to include marital status as a protected characteristic.

Updated Definition of Harassment – The state has expanded the scope of conduct that might be considered harassment by eliminating the “severe and pervasive” standard.
August 7, 2023Watch
FloridaMinimum Wage Increase Coming Soon – Effective September 30, 2023, the minimum wage in Florida increases from $11.00 per hour to $12.00 per hour.September 30, 2023Watch
HawaiiHawaii Enacts a Wage Transparency Law – Hawaii employers with 50 or more employees will be required to include a pay range in job listings. The range must reasonably reflect the employer’s actual expected compensation for the role. The law also broadens Hawaii’s equal pay law to prohibit pay discrimination based on any protected characteristic. SB 1057January 1, 2024Watch
IllinoisElectronic Posting Required for Remote and Traveling Employees – Employers with employees who do not regularly report to a physical workplace, must provide the Your Rights Under Illinois Employment Laws Poster and Illinois Day and Temporary Labor Services Act Poster by email to its employees or by conspicuous posting on its website or intranet site, if that site is regularly used by the employer to communicate work-related information.

Expansion of Leave Available Under the Victims’ Economic Safety and Security Act – The leave law has been amended to expand the list of circumstances for which employees may take leave. Starting January 1, 2024, employees can take leave if a family or household member was killed as a victim of violent crime. IL HB 2493 
January 1, 2024Watch
LouisianaLeave Required for Genetic Testing and Cancer Screening – Louisiana requires most employers with 20 or more employees in Louisiana to provide one day of unpaid leave to employees for medically necessary genetic testing and preventive cancer screening.August 1, 2023Watch
MaineMaine Amends Equal Pay Law to Cover Race – The state’s Equal Pay Law is amended to prohibit pay discrimination based on race. The law applies to all employers in Maine with one or more employees.

Maine Pay Frequency and Recordkeeping Exemptions Take Effect – Members of an employer’s family and salaried employees are exempt from the requirement to pay all wages earned to non-exempt employees in full at regular intervals that are not more than 16 days apart.

Paid Family and Medical Leave Enacted  – Maine will have a paid family and medical leave (PFML) program. Employers must begin remitting premiums for it on January 1, 2025, and benefits will be available as of May 1, 2026, according to the press release. Under the program, covered employees will be eligible for up to 12 weeks of paid leave.
September 19, 2023

September 19, 2023

January 1, 2026
MinnesotaMinnesota Amends Its Human Rights Law- The Minnesota Human Right Act, which applies to all employers in the state is amended to prohibit discrimination based on gender identity and to update the definition of sexual orientation. The law was also amended to encompass traits associated with race, including but not limited to hair texture and hair styles.

Warehouse Distribution Worker Protections – Minnesota has implemented worker safety requirements for warehouse distribution centers.

Recreational Use of Marijuana Has Taken Effect – Individuals who are 21 years of age and older may use, possess, grow and transport cannabis in specified locations and under certain circumstances. Employers are not required to permit or accommodate employee use, possession or distribution of cannabis products while working or while at the workplace. Employers may also prohibit being under the influence at work.
August 1, 2023Watch
New YorkWage Disclosure Law Takes Effect Soon – Employers with four or more employees are required to include a pay range and job description (if one exists) in any advertisement for a job, promotion or transfer opportunity.

Additional information is available on the HR Works’ website.
September 17, 2023Watch
OregonOregon Paid Family and Medical Leave Benefits Begin – Eligible employees may access PFML benefits beginning September 3, 2023. Employees may qualify for up to 12 weeks of PFML per benefit year, although an employee may take a total of 18 weeks of leave under certain circumstances.

Additional information is available for employers on the Paid Leave Oregon website.
September 3, 2023Watch

HR Works Can Help

HR Works Clients may contact the virtual helpline or their HR Consultant for additional information on any of these legislative updates and next steps. Non-HR Works clients may contact us for HR Solutions by calling us toll free at 1-877-299-9062.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.