Summer 2023 HR Compliance Calendar: Minimum Wage & Compliance Updates

TABLE OF CONTENTS

1. Minimum wage increases

State minimum wage increases
Local minimum wage increases

2. Federal updates

3. State, district and local updates

Minimum wage increases

Federal updates

DOL releases updated posters. The United States Department of Labor has released updated posters regarding the Fair Labor Standards Act and the Family Medical Leave Act, which must be posted in a conspicuous location in the workplace where employees can read them.

EEO-1 reporting expected to begin in fall for covered employers. The U.S. Equal Employment Opportunity Commission has announced that it is tentatively scheduled to begin accepting EEO-1 reports for 2022 via its portal in the fall of 2023. 

March 22, 2023

NLRB clarifies ruling for overly broad provision in severance agreements. The National Labor Relations Board’s general counsel released guidance indicating the decision that employers are barred from drafting severance agreements that contain overly broad non-disparagement and confidentiality prohibitions also applies retroactively to agreements already entered with such provisions.

March 29, 2023

End of the Public Health Emergency impacts employee benefit plans. With the May 11, 2023 end of the federal COVID-19 National Emergency and Public Health Emergency Orders, the U.S. Department of Labor, U.S. Department of Health and Human Services, and U.S. Department of the Treasury issued guidance to assist employers preparing for the end of these Orders. 

April 19, 2023

CFPB requires updated background check notice. The Consumer Financial Protection Bureau  has published an updated version of “A Summary of Your Rights Under the Fair Credit Reporting Act," effective April 19, 2023. Employers have until March 20, 2024, to start using the new version.

June 29, 2023

U.S. Supreme Court clarifies right to religious accommodations. The U.S. Supreme Court has ruled that an employer must meet certain requirements to establish an undue hardship in the context of providing reasonable accommodations for employees' religious beliefs and practices.  

July 25, 2023

New voluntary self‐identification form for federal contractors. The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has released a revised Voluntary Self-Identification of Disability Form (CC-305).

July 31, 2023

Remote I-9 inspection allowed through July. The Department of Homeland Security announced that employers may inspect Form I-9 documents remotely in certain situations until July 31, 2023.

August 30, 2023

Employers must physically inspect Form I-9 documents. Employers have until August 30, 2023 to perform all required in-person/physical examinations of Form I-9 documents for those individuals who have only received a virtual examination.

State, district, and local updates

Alaska

July 28, 2023

Alaska updates regulations on board and lodging deductions. The Alaska Department of Labor and Workforce Development has issued updated regulations detailing how employers may deduct the reasonable cost of board and lodging for employees from the state minimum wage.

Arkansas

July 30, 2023

Arkansas removes youth work certificate requirement. Arkansas will remove a requirement for individuals under the age of 16 to obtain a work certificate from the state Department of Labor. 

July 31, 2023

Arkansas bans hairstyle discrimination. Arkansas  will expressly prohibit employers with nine or more employees from discriminating against individuals based on a natural, protective or cultural hairstyle. 

California

April 1, 2023

Los Angeles adopts scheduling ordinance for retail sector. The City of Los Angeles requires large employers in the retail sector to follow certain scheduling practices such as schedule changes and providing schedules in advance, among other things.

May 10, 2023

California amends pay data reporting rules. A private employer with 100 or more employees must submit a pay data report covering the prior calendar year to the state on or before the second Wednesday of May each year.

California employers may seek extension for labor contractor pay data report. Employers had until May 10, 2023, to request an extension to a new requirement to submit a separate pay data report on workers hired through labor contractors. 

Colorado

March 28, 2023

Colorado reminds of prohibition of retroactive Paid Family Leave payroll deductions. The Family and Medical Leave Insurance Program Division of the Colorado Department of Labor and Employment issued a reminder that missed FAMLI employee payroll deductions cannot be made retroactively.

August 7, 2023

Colorado expands paid sick leave. Colorado will expand the reasons employees may use paid sick leave under state law. 

Colorado expands nondiscrimination law. Colorado will prohibit discrimination based on marital status, redefine harassment under state law, clarify the protections for individuals with disabilities, and extend recordkeeping requirements. 

Connecticut

July 1, 2023

Connecticut expands voting leave requirement. Connecticut has expanded the circumstances under which employees may use voting leave under state law to include being an elector in a special election held for a judge of probate.

August 31, 2023

Connecticut extends registration deadline for state-run retirement plan. Connecticut employers with five to 25 employees have until August 31, 2023 to register with the MyCTSavings program, if they don't offer a retirement plan.

District of Columbia

May 1, 2023

Washington, D.C., phases out tipped credit. The D.C. Council in an emergency session, revised the effective date of the $6.00 minimum cash wage for tipped employees to May 1, 2023.

July 1, 2023

Washington, D.C., increases cash wages for tipped employees. Washington D.C. approved the second increase to the minimum cash wage for employees to $8.00 per hour.

Florida

July 1, 2023

Florida requires certain employers to use E-Verify. Florida  requires employers with 25 or more employees to use E-Verify to confirm a new hire is eligible to work in the United States.

Georgia

July 1, 2023

Georgia amends rules for time off for voting. Georgia amended the rules governing an employee’s entitlement to time off to vote in elections. 

Illinois

March 31, 2023

Illinois amends rules on employee expense reimbursement. The Illinois Department of Labor has published amended regulations implementing a law that requires employers to reimburse employees for certain business expenditures.

Louisiana

August 1, 2023

Louisiana requires leave for genetic testing and cancer screening. Louisiana will require employers with 20 or more employees to provide leave to employees for genetic testing and cancer screening when medically necessary.

Maine

April 1, 2023

Maine establishes state-run retirement program. Beginning April 1, 2023, covered employers that have 25 or more covered employees and don’t offer a retirement plan must offer the state-run retirement program. 

October 1, 2023

Maine establishes state-run retirement program. Beginning October 1, 2023, covered employers with 15 to 24 covered employees must offer the state-run retirement program. 

Michigan

June 14, 2023

Michigan amends nondiscrimination law. Michigan expressly prohibits discrimination in employment based on sexual orientation or gender identity or expression. 

June 15, 2023

Michigan bans hairstyle nondiscrimination. Michigan expressly prohibits employers from discriminating against individuals based on traits historically associated with race, such as hair texture and protective hairstyles.

Minnesota

July 1, 2023

Minnesota expands pregnancy accommodation, lactation break and leave laws. Minnesota expanded the requirements for employers to provide lactation breaks, reasonable accommodations for pregnancy, and pregnancy and parental leave.

Bloomington amends sick leave requirement. Bloomington requires employers in the city to provide sick leave to employees.

August 1, 2023

Minnesota bans hairstyle discrimination.  Minnesota will expressly prohibit discrimination against individuals based on traits associated with race, such as hair texture and hairstyles like braids, locs, and twists. 

Minnesota bars mandatory employer meetings on religious or political matters. Minnesota will prohibit employers from taking adverse action against employees because they refuse to attend an employer-sponsored meeting, if the purpose of the meeting is to communicate the opinion of the employer about religious or political matters. 

Minnesota’s new cannabis law includes off-duty protections. Minnesota will permit recreational cannabis use among adults age 21 and older and includes protections for off-duty cannabis use.

Nevada

July 1, 2023

Nevada clarifies timing of wages paid to temporarily laid off employees. Nevada has clarified when employers must pay final wages to employees who are placed on “nonworking status.” 

New Jersey

April 10, 2023

New Jersey amends WARN Act.  New Jersey has made significant changes to the NJ WARN Act, despite Executive Order 103 and the State of Emergency still being in effect.

July 1, 2023

New Jersey strengthens unemployment laws. New Jersey has added employer reporting requirements and amended certain deadlines in the benefits determination process.

August 5, 2023

New Jersey enacts Bill of Rights for temporary workers. The "New Jersey Temp Worker Bill of Rights" increases the rights of certain temporary workers. 

New York

March 3, 2023

New York updates salary transparency requirements. New York amended and clarified certain employer salary transparency requirements.

April 11, 2023

New York updates sexual harassment and discrimination prevention policy and training. New York has released an updated model policy and training materials that address sexual harassment and discrimination prevention.

July 5, 2023

New York City adopts final rule on automated employment decision tools. The Final Rule adds requirements for certain employers that use  Automated Employment Decision Tools to substantially assist or replace discretionary decision making in an employment decision.

North Dakota

August 1, 2023

North Dakota strengthens pregnancy protections. The North Dakota Human Rights Act prohibits employers of all sizes from failing or refusing to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability because that individual is pregnant. 

Oregon

September 3, 2023

Oregon to expand Family Leave Act. Oregon will amend the definition of a one-year period, expand who qualifies as a family member and add employee reinstatement requirements under the Oregon Family Leave Act. Most changes take effect on September 3, 2023. 

Pennsylvania

Within 60 days of the rules publication in the Pennsylvania Bulletin

Pennsylvania updates protected characteristic definitions; adds hairstyle protections. Pennsylvania approved amendments to the Pennsylvania Human Relations Act, which provide new definitions of race, sex and religious creed, and effectively protect against hairstyle discrimination. 

Texas

September 1, 2023

Texas bans hairstyle discrimination. Texas will expressly prohibit discrimination against individuals based on traits associated with race, such as hair texture and hairstyles like braids, locs, and twists. 

Texas blocks local paid sick leave ordinances. Texas law will preempt local jurisdictions from adopting and enforcing laws related to conduct that is governed by the state’s labor code, among other things. As such, the law will block the Austin, Dallas and San Antonio paid sick leave ordinances.

Utah

May 3, 2023

Utah restricts vaccination or immunity status requirements. Many employers are prohibited from requiring proof of immunity or vaccination for employment decisions. 

July 1, 2023

Utah employers may petition for a protective order. Employers that reasonably believe workplace violence has occurred against them or an employee may petition for a workplace protective order. 

Virginia

July 1, 2023

Virginia creates state-run retirement program. Enrollment for the Virginia state-administered individual retirement account program will begin on or about July 1, 2023.

Virginia prohibits the use of SSN on ID Cards. Virginia restricts the use of an employee’s social security number on an identification card or access badge.

Virginia requires organ donation leave. Virginia requires certain employers to provide unpaid leave to organ or bone marrow donors. 

Virginia prohibits provisions that conceal sexual harassment claims. Virginia prohibits provisions in nondisclosure or confidentiality agreements that shield employers from sexual assault or sexual harassment claims. 

Virginia eliminates subminimum wage for individuals with disabilities. Virginia eliminates subminimum wage certificates for individuals with disabilities.

Washington

July 1, 2023

Washington updates Cares Act. Washington has delayed the .58 percent premium collections from employee wages to July 1, 2023.

July 17, 2023

Washington issues Final Rule on outdoor heat exposure. The state of Washington’s Department of Labor & Industries has adopted a Final Rule to permanently protect workers from outdoor heat exposure. 

July 23, 2023

Washington prohibits employers from searching employee vehicles. Washington will prohibit an employer from searching an employee’s privately owned vehicle. 

July 31, 2023

Washington clarifies subminimum wage for individuals with disabilities. Subminimum wage certificates that have not expired as of July 31, 2023 will remain valid until their expiration date.