July 2023 Legal Updates

July 5, 2023

July 2023 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 July 2023 Legal Updates, which have been added to the PolicySmart solution in the last month. To view developments taking effect this month, click here.

 

National

  • The Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims
  • U.S. Department of Transportation Adopts Oral Fluid Testing for Regulated Drug and Alcohol Programs
  • CMS Withdraws COVID-19 Vaccine Mandate
  • Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023
  • OSHA Launches Nationwide Program Focusing on Workplace Falls
  • U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?
  • EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII
  • National Labor Relations (Once Again) Narrows Definition of “Independent Contractor” Under the National Labor Relations Act
  • Littler Publishes Report Examining Generative AI in the Workplace

Alabama

  • Alabama Prohibits Employers from Requiring Implantation of a Microchip

California

  • California Issues CPRA Regulations–Updated to Include Littler Publication on Compliance Efforts Before June 30, 2023 Deadline

Colorado

  • Colorado Amends Health Families and Workplaces Act to Expand Permissible Reasons for Leave–Includes Updated Policy
  • Colorado Amends Health Benefits Law to Require Coverage for Contraception
  • Colorado Amends Equal Pay Transparency Posting Requirements
  • Colorado Amends Several Rules Implementing the Paid Family and Medical Leave Insurance Act
  • New Colorado Law Prohibits Inquiries About an Applicant’s Age

Connecticut

  • Connecticut Expands Paid Sick and Safe Leave Uses–Policy Updates Forthcoming
  • Connecticut Expands Workers’ Compensation to Cover Post-Traumatic Stress Injuries

Florida

  • Florida Passes the Florida Digital Bill of Rights Act
  • Florida Amends Health Insurance Law on Multiple Employer Welfare Arrangements

Georgia

  • Georgia Amends Law on Leave for Voting–Includes Updated Policy

Illinois

  • Chicago Clarifies that its Anti-Harassment Law Applies to all Employers with Employees Working in Chicago
  • Illinois Amends Labor Dispute Act Provisions on Picketing
  • Chicago Expands Criminal History Screening Ordinance
  • Illinois Amends Penalty Provisions of Labor Dispute Act

Iowa

  • Iowa Amends Child Labor Laws

Kentucky

  • Lexington, Kentucky Amends Human Rights Ordinance to Include CROWN Provisions

Maine

  • New Maine Law Requires Veterans’ Rights Workplace Poster
  • Maine Amends Wage Payment Law, Clarifying Exemptions for Salaried Employees
  • Maine Amends Workers Comp Law on Sexual Harassment Liability

Maryland

  • New Maryland Law Imposes Limits on Carrying Weapons on Private Property

Michigan

  • Michigan Amends Law on Cell Phone Use While Driving–Includes Updated Policy
  • Michigan Amends Antidiscrimination Law to Prohibit Discrimination Based on Termination of a Pregnancy–Includes Updated Policy
  • Michigan Amends Elliott-Larsen Civil Rights Act to Add Definitions and New CROWN Provision–Includes Updated Policy

Minnesota

  • Minnesota Bans Virtually All Non-Competes
  • Marijuana Legalizes Recreational Cannabis and Prohibits Discrimination Against Employees for Use Outside of Working Hours
  • Minnesota Omnibus Bill Includes Antidiscrimination Protections Based on Gender Identity, a Salary History Ban and New Provisions on Expunged Criminal Records–Includes Updated Policy
  • Minnesota Enacts Paid Family and Medical Leave Statute–New Policy Template Forthcoming
  • New Minnesota Law Requires Health Plans to Cover Certain Reproductive Health Items and Services
  • Minnesota Establishes Secure Choice Retirement Program–Includes Notice Requirement
  • Minnesota Amends Voting Leave Law, Effective July 1, 2024–Policy Updates Forthcoming

Missouri

  • Kansas City, Missouri Ordinance Makes It Unlawful for Employers Seeling Alcohol to Employ Convicted Sex Offenders in Alcohol Sales

Montana

  • New Montana Law Addresses Health Plan Coverage for Contraception
  • Montana Enacts New Law Requiring Health Care Employers to Create and Maintain Certain Reports Regarding Acts of Violence Against Employees
  • Montana Adopts New Law Defining “Sex,” Including for Purposes of Employment-Related Laws
  • Montana Passes Consumer Data Privacy Act
  • Montana Amends Law on Income Taxes for Nonresidents

Nebraska

  • Nebraska Passes Abortion Ban and Ban on “Gender-Altering Surgery” in Individuals Under 19 Years Old

Nevada

  • Nevada Amends Wage Payment Laws for Employees on Nonworking Status
  • Nevada Expands Domestic Violence Leave and Accommodations to Include Victims of Sexual Assault–Includes Updated Policy
  • Nevada Passes Constitutional Amendment Proposal on Reproductive Freedom
  • Nevada Prohibits State Participation in Investigations Regarding Legal Reproductive Health Services
  • Nevada Repeals COVID-19-Related Immunity Provisions

New Jersey

  • Federal Court Holds That Employees Cannot File Private Lawsuits Against Their Employers Under New Jersey Cannabis Law

New York

  • New York DOL Updates Model Anti-Harassment Policy–Includes Updated Policy
  • New York City Amends Human Rights Ordinance to Add Protections Based on Height and Weight–Includes Updated Policy

North Carolina

  • North Carolina Amends Abortion Ban, Imposing More Expansive Prohibitions

Oregon

  • Oregon Amends Family Leave Act to Expand Covered Family Members, Expand Reinstatement Rights and Limit Benefit Year Calculation Methods–Includes Updated Policy
  • Oregon Amends Public Accommodations Law to Address Closed Captioning on Televisions in Public Areas
  • Oregon Creates Workplace Protections for Participants in On-The-Job Training Programs
  • Oregon Amends Paid Family and Medical Leave Provisions on Overpayments and Penalties
  • Amendment to Oregon Family Leave Act Means an Expanded Definition of “Family Member” for Oregon Paid Sick Leave–Includes Updated Policy
  • Oregon Amends Safe Employment Act to Add Protections from Retaliation
  • Oregon Amends Family and Medical Leave Insurance Program
  • Oregon Employers Must Now Provide New Hire Reporting on Independent Contractors for Child Support Purposes

South Carolina

  • South Carolina Amends Abortion Ban

Tennessee

  • Tennessee Allows Use of Hemp-Derived Cannabinoids

Texas

  • New Texas Law Requires Notice on Workplace Violence Hotline
  • Texas Enacts New Health Benefit Plan Law on Prescription Contraceptive Drug Coverage
  • Texas Enacts Law Requiring Training Materials on Human Trafficking
  • Texas Prohibits Discrimination Based on Hair Texture or Protective Hairstyles–Includes Updated Policy
  • Texas Amends Regulations on Multiple Employer Welfare Arrangements and Health Benefit Plans
  • New Texas Law Authorizes Qualified Insurers to Provide Paid Family Leave Insurance
  • Texas Prohibits Governmental Agencies from Requiring Businesses to Adopt COVID-19-Related Measures

Utah

  • Utah Repeals Military Leave Law–Policy Removed From Utah Supplement

Vermont

  • Vermont Establishes VT Saves Retirement Program

Washington

  • Washington Passes Final PFML Rule on Employer Payroll Reporting Requirements

 

Developments Taking Effect This Month

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

Arkansas

  • Arkansas Passes CROWN Act Prohibiting Discrimination Based on Natural Protective or Cultural Hairstyles–Includes Updated Policy (effective 07/06/23)

California

  • Los Angeles Enacts Freelance Worker Protections Ordinance (effective 07/01/23)

Colorado

  • Colorado Passes Rules Implementing Privacy Act (effective 07/01/23)
  • New Colorado Privacy Act Aims to Give Consumers Control Over Personal Data (effective 07/01/23)
  • Colorado Amends Several Rules Implementing the Paid Family and Medical Leave Insurance Act (effective 07/15/23)

Connecticut

  • Connecticut Passes Personal Data Privacy and Online Monitoring Act (effective 07/01/23)

Florida

  • Florida Allows Permitless Concealed Carry and Amends Employment-Related Provisions Accordingly (effective 07/01/23)
  • Florida Requires E-Verify–Includes New Policy Template (effective 07/01/23)

Georgia

  • Georgia Amends Law on Leave for Voting–Includes Updated Policy (effective 07/01/23)
  • Georgia Prohibits Vaping in the Workplace–Includes Updated Policy (effective 07/01/23)

Indiana

  • Indiana Amends Law on Service Animals in Places of Public Accommodation (effective 07/01/23)

Iowa

  • Iowa Amends Child Labor Laws (effective 07/01/23)

Kansas

  • Kansas Defines “Sex” for Purposes of Any State Law (effective 07/01/23)

Maryland

  • Maryland Legalizes Recreational Marijuana, Subject to Voter Approval (effective 07/01/23)
  • Maryland Voters Approve Recreational Marijuana Amendment (effective 07/01/23)

Minnesota

  • Bloomington, MN Amends Sick and Safe Time Ordinance Before It Takes Effect–Now Includes Policy Template (effective 07/01/23)
  • Bloomington, Minnesota Passes Earned Sick and Safe Leave Ordinance–New Policy Forthcoming (effective 07/01/23)
  • Minnesota Bans Virtually All Non-Competes (effective 07/01/23)

Nevada

  • Nevada Amends Wage Payment Laws for Employees on Nonworking Status (effective 07/01/23)

New Jersey

  • New Jersey Enacts Law Requires Reporting to Division of Unemployment (effective 07/31/23)

New York

  • New York City Adopts Final Regulations on Use of AI in Hiring and Promotion, Extends Enforcement Date to July 5, 2023 (effective 07/05/23)
  • New York to Require Human Trafficking Recognition Training for Certain Hospitality Employees (effective 07/20/23)

South Dakota

  • South Dakota Amends Law on Electronic Delivery of Health Insurance Plan Documents (effective 07/01/23)

Tennessee

  • Tennessee Amends Law on Arbitration (effective 07/01/23)
  • Tennessee Amends Law on Service Dogs in Places of Accommodation (effective 07/01/23)

Utah

  • Utah Enacts Law Allowing Employers to Obtain Workplace Violence Protective Orders (effective 07/01/23)

Vermont

  • Vermont Establishes VT Saves Retirement Program (effective 07/01/23)

Virginia

  • New Virginia Law Prohibits Employer Use of Social Security Numbers (effective 07/01/23)
  • Virginia Amends Law on Nondisclosure, Nondisparagement and Confidentiality Provisions in Agreements (effective 07/01/23)
  • Virginia Eliminates Subminimum Wage for Individuals with Disabilities (effective 07/01/23)
  • Virginia Enacts New Bone Marrow and Organ Donation Leave Law–Includes New Policy Template (effective 07/01/23)
  • Virginia Provides Employees with Certain Tort Liability Immunity (effective 07/01/23)

Washington

  • New Laws Postpone Washington Cares Act Employee Premiums to July 1, 2023 and Require Employers to Refund any Premiums Already Collected (effective 07/01/23)
  • Tukwila, Washington Ballot Initiative Requires Covered Employers to Offer Additional Work to Existing Employees Before Hiring (effective 07/01/23)
  • Washington Passes Final PFML Rule on Employer Payroll Reporting Requirements (effective 07/01/23)
  • New Washington Law Prohibits Searches of Employee Vehicles (effective 07/23/23)
  • Washington Passes Whistleblower Award and Protection Act (effective 07/23/23)


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