January Legal Updates

If you're an existing ComplianceHR client, you can access these updates and robust links to learn more about each of these changes through the PolicySmart™ solution.

The below list contains January Legal Updates, which have been added to the PolicySmart solution in the last month. To view developments taking effect this month, click here.

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National

• Treasury Department Issues Guidance on the Inflation Reduction Act’s Prevailing Wage and Apprenticeship Requirements
• President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving Sexual Assault and Harassment Claims
• New Laws Extend Employment Authorization Eligibility Granted to Refugees/Parolees to Certain Individuals from Afghanistan and Ukraine
• Federal Government Enacts Respect for Marriage Act, Repeals Defense of Marriage Act
• Congress Expands Protections for Pregnant Employees and Employees Who Are Nursing
• FTC Proposes Rule Banning Non-Competes
• USERRA Expanded to Cover FEMA Reservists--New, Updated Policy Now Included

Alabama

• Alabama Amends Law on Weapons in Parking Lots--Includes Updated Policy

California

• Los Angeles County Amends Ordinance on Retaliation for Reporting Public Health Violations--Includes Notice Requirement
• Berkeley, California Enacts Fair Workweek Ordinance--Includes Notice Posting Requirement
• Los Angeles, California Passes Fair Workweek Ordinance Applicable to Retailers--Includes Posting Requirement

Maine

• Amended Maine Law Will Require Vacation Payout When Employment Ends--Sample Policy Statement Included--Now Updated to Reflect Agency Release of Interpretive Guidance

New Hampshire

• New Hampshire Issues Final Rules on Voluntary Paid Family Leave Plan, Including Policy Requirements

New York

• New York Department of Health Updates Return-To-Work Protocols for Healthcare Personnel and Adopts CDC Recommendations
• New York Requires Electronic Distribution of Required Workplace Notifications
• New York Passes Law Requiring Notice of Veterans Services--Includes New Notice Requirement
• New York State Expands Lactation Accommodation Requirements--Policy Updates Forthcoming

Oregon

• RSV Emergency Declaration Triggers Protections Under Oregon’s Mini-FMLA

Rhode Island

• Rhode Island Issues Final Rule Clarifying Equal Pay and Wage Transparency Law

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Developments Taking Effect This Month

To help keep you on track, below is a reminder of previously enacted laws taking effect in January 2023.

Alabama

• Alabama Amends Law on Weapons in Parking Lots--Includes Updated Policy (effective 01/01/23)

California

• A New California Law Requires Restroom Access for Individuals with Certain Conditions (effective 01/01/23)
• California Amends CalSavers Program (effective 01/01/23)
• California Amends Law on Wage Garnishments (effective 01/01/23)
• California Enacts New Law Providing Time Off for Bereavement--Now Includes Sample Policy (effective 01/01/23)
• California Expands Definition of "Family Member" for CFRA and Paid Sick Leave--Now Includes Updated Policies (effective 01/01/23)
• California Expands Law on Hate Imagery in Places of Employment and Elsewhere (effective 01/01/23)
• California Extends COVID-19-Related Workers' Compensation Provisions (effective 01/01/23)
• California Law Establishes New Protections for Employees During States of Emergency (effective 01/01/23)
• California Law Protects People From Civil or Criminal Liability Related to Reproductive Health (effective 01/01/23)
• California Law Requires Reproductive Health Coverage Information (effective 01/01/23)
• California Passes Fast Food Accountability and Standards Recovery Act (effective 01/01/23)
• California Privacy Rights Act for Employers: The New “Notice at Collection” California Employers Must Distribute to the Workforce (effective 01/01/23)
• California Prohibits Discrimination Based on Reproductive Health Decision-Making--Now Includes Updated Policy (effective 01/01/23)
• California Provides Arrest and Conviction Record Relief (effective 01/01/23)
• New California Law Addresses Employers' Use of Certain Devices to Track Employees--Includes Notice Requirement (effective 01/01/23)
• New California Law Requires Annual Pay Data Reports and Including Pay Information in Job Postings (effective 01/01/23)
• Substantial New Privacy Obligations for California Employers: The California Privacy Rights and Enforcement Act of 2020 Passes at the Polls (effective 01/01/23)
• Los Angeles County Amends Ordinance on Retaliation for Reporting Public Health Violations--Includes Notice Requirement (effective 01/05/23)
• Berkeley, California Enacts Fair Workweek Ordinance--Includes Notice Posting Requirement (effective 01/12/23)

Colorado

• Colorado Issues First Round of Regulations and Guidance on its Paid Family and Medical Leave Insurance (FAMLI) Program (effective 01/01/23)

Illinois

• Illinois Adopts Ballot Measure Establishing Rights Related to Collective Bargaining (effective 01/01/23)
• Illinois Amends Meal Break and Day of Rest Requirements--Now Includes Updated Policies (effective 01/01/23)
• Illinois Clarifies CBA Provisions in Employee Sick Leave Act (effective 01/01/23)
• Illinois Expands Child Loss Bereavement Leave to Cover Pregnancy and Adoption Loss--Now Includes Updated Policy (effective 01/01/23)
• Illinois Expands Human Rights Act to Cover Discrimination on the Basis of Traits Associated with Race, Including Hair Texture and Protective Hairstyles--Includes Updated Policy (effective 01/01/23)
• Illinois Proposes Constitutional Amendment on Collective Bargaining (effective 01/01/23)

Massachusetts

• Massachusetts Premium Pay for Retail Work on Holidays Completely Phased Out Effective January 1, 2023--Includes Updated Policies (effective 01/01/23)

New York

• New York Amends Paid Family Leave Law to Cover Siblings--Now Includes Updated Policy (effective 01/01/23)
• New York City Regulates Use of AI Employment Decision Tools (effective 01/01/23)
• New York Passes Law Requiring Notice of Veterans Services--Includes New Notice Requirement (effective 01/01/23)

Oregon

• Amendments to Oregon's Law on Nondisclosure Provisions Requires Providing Harassment Policy When a Settlement Agreement Includes Certain Terms (effective 01/01/23)
• Oregon Amends Paid Sick Leave Law to Include Workers Covered Under Collective Bargaining Agreements (effective 01/01/23)
• Oregon Expands Retaliation Protections Under Workers' Compensation Statute (effective 01/01/23)
• Oregon Requires Notice Before Suspension of Temporary Disability Benefits (effective 01/01/23)
• Oregon Revises "Benefit Year" Definition for Purposes of Paid Family and Medical Leave (effective 01/01/23)

Rhode Island

• Rhode Island Amends Health Insurance Law to Require Special Enrollment Period for Pregnant Individuals (effective 01/01/23)
• Rhode Island Enacts Significant Amendments to Pay Equity Law, Including Wage Disclosure Protections and Salary History Ban and Notice Requirement
  • Now Updated to Include Sample Policy (effective 01/01/23)
• Rhode Island Issues Final Rule Clarifying Equal Pay and Wage Transparency Law (effective 01/01/23)

Tennessee

• Tennessee Expands E-Verify Requirements to Now Cover Employers With 35+ Employees (effective 01/01/23)
• Tennessee Voters Approve Right-To-Work Amendment (effective 01/01/23)

Utah

• Utah Changes Withholding Obligations for Nonresident Employees (effective 01/01/23)

Virginia

• Virginia Passes Consumer Data Protection Act (effective 01/01/23)

Washington

• Washington Expands Wage and Salary Disclosure Requirements (effective 01/01/23)

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