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June 2023 Federal & State Legislative Updates

Overview of this month’s Legislative Updates:

Federal Legislative Updates

Legislative UpdateEffective Date
Pregnant Workers Fairness Act (PWFA) – Employers with 15 or more employees required to make reasonable accommodations for pregnant workersJune 27, 2023
Federal Trade Commission (FTC), Department of Justice (DOJ), Equal Employment Opportunity Commission (EEOC), and Consumer Financial Protection Bureau (CFPB) Release Joint Statement on AI, Discrimination and BiasApril 25, 2023
Office of Federal Contract Compliance Programs (OFCCP) Updates the Voluntary Self-Identification of Disability Form – Covered federal contractors/subcontractors with 50 or more employees and at least one contract of $50,000 or more must provide applicants and employees the opportunity to self-identify as having a disability using the formJuly 25, 2023
Recent Ruling From the National Labor Relations Board (NLRB) Limits Employer Discipline Over Employee Outbursts – Lion Elastomers LLC II changes the standards relating to discipline or discharge of employees who engage in offensive conduct while engaging in activity protected by the National Labor Relations Act (NLRA)May 1, 2023
US Department of Labor Updates the Federal and Family Medical Leave Act Poster – Employers with 50 or more employees within a 75-mile radius covered by the Family Medical and Leave Act (FMLA) must postthe notice. *The April 2016 and February 2013 versions still fulfill the posting requirementApril 2023*
US Department of Labor Updates the Fair Labor Standards Act Poster – The updated poster reflects expanded lactation accommodation requirements underthe PUMP Act. This update is mandatory; prior versions of the poster should be replaced as soon as possible.April 2023
U.S. Department of Transportation (DOT) Published an Amended Final Rule Allowing Oral Fluid Drug Testing – Requires use of oral fluid testing for transgender or non-binary individuals and when a direct observation is required but a same-gender technician cannot be foundJune 1, 2023
The National Emergency Ending Early Will Not Impact the July 10 Date for Special Enrollment Periods and COBRA Tolling – The premature ending won’t shift the deadlines spelled out in the administration’s guidance from MarchApril 10, 2023
The Equal Employment Opportunity Commission (EEOC) Issued Updates to its COVID-19 Technical Assistance –What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” which includes new FAQs about the end of the federal declaration of the COVID-19 public health emergency on the ADA and other federal lawsMay 15, 2023
Annual HSA Contributions are Increasing for 2024 – The IRSannounced annual limit increases on HSA contributions for self-only coverage will be $4,150 and for family coverage, the HSA contribution limit increases to $8,300January 1, 2024
The Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964” – The scope of this document is limited to the assessment of whether an employer’s “selection procedures” decisions such as hiring, promotion, and firing have a disproportionately large negative effect on a basis that is prohibited by Title VIIMay 18, 2023
The US DOL Wage & Hour Division Published Field Assistance Bulletin (FAB) No. 2023-2, Enforcement of Protections for Employees to Pump Breast Milk at WorkThe bulletin provides enforcement support and public guidance regarding the application and requirements of the PUMP ActMay 18, 2023
US DOL Wage and Hour Division (WHD) published opinion letter FMLA2023-2-A, “Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken” – The WHD issued an opinion concerning how to calculate the amount of leave used when an employee takes leave under the FMLA during a week with a holidayMay 30, 2023
The NLRB General Counsel Announces Non-competes Violate the NLRA in GC Memo 23-08  – The announcement, which applies to applies only to non-managerial/supervisory staff of non-unionized and unionized employers and may result in unfair labor practice charges for any employer that uses non-competesMay 30, 2023

State Legislative Updates

StateLegislative UpdateEffective Date
ColoradoThe Colorado Family and Medical Leave Insurance Private Marketplace is Now Open – Visit the CO FAMLI website for additional informationImmediately
FloridaEmployers Required to E-Verify – All private employers with 25 or more employees to use the federal E-Verify system to check the immigration status of their workers (SB 1718)July 1, 2023
GeorgiaGeorgia Expands Voting Leave Law – Amended to require time off to vote in-person on a day designated for early voting in addition to election dayJuly 1, 2023
IllinoisAmendments to State’s Business Expense Reimbursement Law – Illinois has established recordkeeping requirments and a new five-factor test for assessing whether an employer must reimburse expensesApril 14, 2023
MinnesotaProhibition on All Non-Compete Agreements – The Omnibus Jobs Bill also prohibits all non-compete agreements with an employee or independent contractor working for the employer, regardless of the person’s incomeJuly 1, 2023
MinnesotaExpanded Protections for Lactation and Pregnancy Accommodations – The Omnibus Jobs Bill also broadens protections for lactating employees and increases pregnancy accommodation rightsJuly 1, 2023
MinnesotaMinnesota Passes State-Wide Earned Sick and Safe Leave Law – Covered employees may earn up to 48 hours of paid leave for a variety of purposes per year but will not preempt local paid sick leave ordinances or existing PTO policies that are more generous (SF 3035)January 1, 2024
New JerseyNew Jersey Updates Its Worker Paper Process for Minors – NJ significantly changes how minors get working papers and switches oversight and administration to theNew Jersey Department of Labor and Workforce Development (NJDOL)June 1, 2023
New YorkState Budget Includes Minimum Wage Increases – The states minimum wage will gradually increase through 2026 to $17/hour with future adjustments tied to inflationJanuary 1, 2024
WashingtonWashington State to Bar Employers From Relying on Off-Duty Use of Marijuana in Hiring Decisions – Employers will be prohibited from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results (SB 5123)January 1, 2024

Local Legislative Updates

LocalityLegislative UpdateEffective Date
New York CityNYC Council Passes Bill (Int. No. 209-A) to Prohibit Height, Weight Discrimination –New York City Council passed a bill which would prohibit height and weight discrimination within employment, housing and public accommodations under the New York City Human Rights Law (NYCHRL)November 22, 2023

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.

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