Posted on: January 11, 2023                                                                                                  

Below is a summary of compliance requirements that took effect recently or will take effect soon.

For a list of legislative updates covering the COVID-19 pandemic, see our COVID-19 Compliance Alerts page.

The minimum wage chart and lists below are not exhaustive. There may be additional state and local jurisdictions that have scheduled increases or additional employees (EEs) that are impacted. Check your applicable laws to confirm compliance.

Minimum wage increases: Dec. 31, 2022; Jan. 1, 2023 

This interactive map covers January 1, 2023 (and December 31, 2022) minimum wage increases for applicable states. Some states increase their minimum wage rates on a different schedule. For January 1 and December 31, the minimum wage increased only in the states in blue. Click on the state below to reveal the new minimum wage.

Local minimum wage increases: Jan. 1, 2023 

Several cities and counties also increased their minimum wage effective January 1, 2023. The following chart includes many of the announced local rate changes for 2023. 

Federal

December 12, 2022

• USCIS Changes Policy on Expired Green Cards for Form I-9. The U.S. Citizenship and Immigration Services (USCIS) has extended the validity of Permanent Resident Cards (Green Cards) for lawful permanent residents who have properly filed a Form N-400 Application for Naturalization.

Ongoing

• Student loan relief is extended. The U.S. Department of Education has announced an extension of the federal student relief that has been in place since March of 2020.  During the extension, repayments, interest, and collection of federal student loans continue to be suspended. 

Alabama

January 1, 2023

• Alabama amends law on firearms in employer parking lots. Alabama has amended the conditions under which employees are entitled to keep firearms in their cars while in their employer's parking lot. 

Alaska

January 1, 2023

•  Alaska increases the minimum salary required for overtime exemptions. The minimum salary required for bona fide administrative, professional and executive employees has increased to $868 per week. 

California

January 1, 2023

• California increases the minimum salary required for overtime exemptions. The minimum salary requirement for the administrative, professional and executive exemptions has increased to $1,240 per week.
• California amends pay transparency rules. California has added legislation that requires employers to disclose pay scale information under a variety of circumstances.
• California adds third-party salary requirements.  If an employer engages a third-party to announce, post, or publish a job posting, the employer must provide the pay scale to the third party and the third party must include the pay scale in the job posting.
• California amends recordkeeping requirements. California employers must retain  job title records and the wage rate history for each employee during, and for three years after, the worker's employment.
• California modifies garnishment rules. California has modified the maximum amount of an individual’s disposable earnings subject to garnishment.
• California adds bereavement leave requirements. California employers with five or more employees must offer bereavement leave. Eligible employees are entitled to use up to five days of bereavement leave upon the death of a family member. 
• California amends leave requirements. California employers must allow employees to use paid sick leave and California Family Rights Act leave to care for a “designated person.” 
• California protects reproductive health decision making. California prohibits employers with five or more employees from discriminating against applicants and employees because of their reproductive health decision making.
• California strengthens protections against hate crimes. California has clarified the state’s hate crime law as it pertains to the workplace.
• California protects employees during emergency conditions. California prohibits, with limited exceptions, an employer from taking adverse action against an employee for refusing to report to, or leaving, work during emergency conditions.
• California protects employee information. The California Privacy Rights Act gives applicants and employees the right to request that the company disclose to them the personal information collected on them and to direct the company to refrain from selling or sharing their personal information. 

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, beginning May 10, 2023.  

Colorado

November 11, 2022

• Colorado says PHEL also applies to flu and RSV. The Colorado Department of Labor and Employment has issued guidance stating that its public health emergency leave requirement applies beyond COVID-19, to the flu, respiratory syncytial virus, and similar respiratory illnesses. 

January 1, 2023

• Colorado increases the minimum salary required for overtime exemption. The minimum salary requirement has increased to $961.54 per week for the executive/supervisor, administrative and professional exemptions from overtime, and for highly technical computer employees, the employee may be paid by salary at least $961.54 (per week) or by the hour ($31.41 per hour). 
• Colorado enforces wage protections. Colorado has significantly changed its enforcement procedures and penalties for employers that fail to pay employees' current and past-due wages.
• Colorado paid family and medical premiums began. All employers must begin collecting premiums for Colorado’s state-run paid family and medical leave insurance program.
• Colorado launches state-run retirement plan. Employers with five or more employees must either facilitate the program or offer a qualifying retirement plan to employees.
• Colorado requires notice before certain deductions from wages. Colorado requires employers to provide notice to an employee before deducting from their pay for money or property the employee failed to return or repay upon termination of employment.

District of Columbia

January 1, 2023

• Washington, D.C., approves measure to phase out tipped credit. Washington, D.C., has begun to phase out the tipped employee credit that employers are currently allowed to take when paying tipped employees.

Illinois

January 1, 2023

• Illinois expands bereavement leave law. Illinois has expanded the circumstances that an employer with 50 or more employees must provide unpaid bereavement leave.
• Illinois amends rules for day of rest and meal periods. Illinois has modified the hours of rest rules and made changes to meal break requirements.
• Illinois prohibits hairstyle discrimination. Illinois has expressly prohibited employers from discriminating against individuals based on the employee’s hair texture or protective hairstyle.

Maine

January 1, 2023

• Maine increases the minimum salary required for overtime exemption. The minimum salary required for the administrative, professional and executive exemptions from overtime under state law has increased to $796.17 per week.
• Maine narrows who qualifies for tip credits. Maine has increased the amount in tips an employee must receive to be considered a service employee that qualifies for the tip credit under state law.
• Maine requires employers to pay out unused paid vacation. Maine has required employers to pay out all accrued, unused vacation at the time of separation.

Massachusetts

January 1, 2023

• Massachusetts Conforms to Federal Limits for Transit and Parking. Massachusetts has adopted the federal monthly exclusion amounts for employer-provided parking, transit pass and commuter highway vehicle transportation benefits for the 2022 tax year and beyond. 

New Hampshire

December 1, 2022

• New Hampshire establishes a Voluntary Paid Family Leave Program. The 60-day enrollment period for employers began on December 1, 2022. 

January 1, 2023

• New Hampshire establishes a Voluntary Paid Family Leave Program. New Hampshire's  Voluntary Paid Family Leave Program enrollment period for individuals began on January 1, 2023.

New York

November 1, 2022

• New York City enacts salary transparency law. The New York City commission on human rights has released additional guidance on its pay transparency law.

November 6, 2022

• Westchester County enacts salary transparency law. Westchester County has prohibited employers from advertising a job, promotion or transfer opportunity without also including the minimum and maximum salary for the job, promotion, or transfer in the job posting or advertisement.

December 31, 2022

• Upstate New York increases the minimum salary required for overtime exemption. In areas other than New York City and Nassau, Suffolk, and Westchester Counties, the minimum salary required for the executive and administrative exemptions  has increased  to $1,065 per week.

January 1, 2023

• New York extends paid family leave protections. New York has expanded the definition of "family member" under the New York Paid Family Leave law to include siblings.

February 19, 2023

• New York bolsters lawful absence protections. New York has enacted legislation that further prohibits employers from disciplining an employee who takes legally protected time off from work.

April 15, 2023

• NYC postpones the use of automated tools in employment decisions. New York City has postponed its amendment to its Human Rights Law (previously scheduled to take effect January 1, 2023) which will regulate the use of automated tools in certain employment decisions.

Oregon

November 22, 2022

• Oregon temporarily changes employer size rules for PFML contributions. The Oregon Employment Department has released a Temporary Administrative Order that changes the method by which Oregon’s paid leave program determines employer size from averaging over a quarter to averaging over 12 months. 

January 1, 2023

• Oregon adopts paid leave program. Oregon has enacted a wage-replacement benefits program for family and medical leave.

Pennsylvania

December 31, 2022

• Philadelphia enacts commuter transit benefits requirement. Philadelphia has required covered employers with 50 or more employees to provide employees with a commuter transit benefit program.

Rhode Island

January 1, 2023

• Rhode Island enacts wage protections. Rhode Island has banned salary-history inquiries and added pay-equity requirements.
• Rhode Island establishes pregnancy special enrollment. Rhode Island has established a special enrollment requirement for health care coverage based on pregnancy.

Utah

January 1, 2023

• Utah amends mobile workforce taxation rules. Utah has created a taxation exemption for employees that work a limited time in the state annually. The amendments also modify employer withholding obligations and penalties associated with the obligations.

Washington

January 1, 2023

• Washington enacts salary transparency requirements. Washington has amended its Equal Pay and Opportunities Act to add new salary transparency requirements.
• Washington increases the minimum salary required for overtime exemption. The minimum salary required for overtime exemptions  has increased to at least $1,259.20 per week for employers with 51 or more employees, and to at least $1,101.80 per week for employers with 50 or fewer employees. Employers of any size may pay exempt computer professionals by the hour, provided they pay at least $55.09 per hour.