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September 2023 Federal & State Legislative Updates

Overview of this month’s Legislative Updates:

Federal Legislative Updates

Legislative UpdateEffective DateShortcut
The EEOC issued a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA)December 29, 2023Watch
Updated CHIP Notice – The DOL’s Employee Benefits Security Administration (EBSA) revised its Model Notice for Employers Regarding Premium Assistance Under Medicaid and the Children’s Health Insurance Program (CHIP Notice).July 31, 2023Watch
Final Rule: Updating the Davis-Bacon and Related Acts Regulations – The US DOL issued a final rule updating regulations under the Davis-Bacon Act which applies to federal and federally assisted construction projects, returning to a three-step process to identify the most frequently used wage rate for prevailing wages.October 23, 2023Watch
ACA Affordability Threshold Decreases for the 2024 Plan Year – On August 23, 2023, the IRS announced that the Affordable Care Act (ACA) affordability threshold will be 8.39% for plan years beginning in calendar year 2024.January 1, 2024Watch

State Legislative Updates

StateLegislative UpdateEffective DateShortcut
CaliforniaMinimum Salary for Executive, Administrative and Professional Employees Increases on January 1, 2024 – The minimum weekly salary for overtime-exempt executive, administrative or professional employees increases to $1280.00.

California Amends Criminal History Regulations – The amendments broaden the definitions of applicant and employer and modify the requirements for an individualized post-offer assessment of whether an applicant’s conviction history disqualifies them from a job, among other changes.
January 1, 2024

October 1, 2023

ConnecticutReminder: Connecticut 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.October 1, 2023Watch
IllinoisPay Transparency to be Required in 2025 –Illinois employers with 15 or more employees will be required to include a pay scale and benefits description in job postings, including those posted or published by third parties.January 1, 2025Watch
MaineMaine Retirement Savings Program Deadline Takes Effect for Employers With 15 to 24 Employees – The law requires covered employers that do not offer a retirement plan to automatically enroll eligible employees in a state-run Roth individual retirement account plan.October 1, 2023Watch
MarylandIncreased Wage Threshold for Low-Wage Employee Non-Compete Agreements – Employers are prohibited from including a non-compete provision in an employment contract with an employee who earns equal to or less than 150 percent of the state minimum wage.October 1, 2023Watch
New YorkReminder: Wage Disclosure Law Takes Effect This Month – 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.

Gender Identity or Expression Added as a Protected Class for Interns – The New York Human Rights Law (NYHRL) protections for interns expanded to protect them from discrimination and harassment based on their gender identity or expression. (NY AB 7355)
September 17, 2023

August 23, 2023

TexasTexas Regulatory Consistency Act Preempts Local Laws – The Texas Regulatory Consistency Act prohibits municipalities and counties from adopting new ordinances or enforcing existing ordinances involving business, commerce, finance, labor and several other fields of regulation.September 1, 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.