September 2023 Legal Updates

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



  • The United States Securities and Exchange Commission Adopts Final Rule on Standardized Security Risk Disclosures
  • DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions
  • The Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims–Now Includes Updated Religious Accommodation Policy
  • EEOC Releases Expansive Proposed Regulations to Implement the Pregnant Workers Fairness Act
  • NLRB’s Cemex Decision Facilitates Card Check Recognition and Lowers Threshold for Issuing a Bargaining Order Without an Election
  • OSHA Adopts Final Rule on Workplace Injury and Illness Reporting Requirements
  • NLRB Adopts Tough New Standard for Workplace Rules


  • California Amends Regulations Governing Criminal History Inquiries
  • California Supreme Court’s Expansion of “Employer” under FEHA Could Have Implications for AI Regulation
  • Los Angeles Adopts Rules Implementing Freelance Worker Protections Ordinance
  • California Amends Tax-Related Notice Requirements


  • Colorado Passes Protecting Opportunities and Workers’ Rights Act–Includes Updated Policy and New Policy


  • Connecticut Expands Paid Sick and Safe Leave Uses–Now Includes Updated Policy


  • Delaware Clarifies Certification Requirements for Accommodations for Domestic and Sexual Violence


  • DeKalb, Georgia Passes Antidiscrimination Ordinance


  • Hawaii Enacts Pay Transparency Law and Broadens Equal Pay Law


  • Illinois Extends Bereavement Leave Rights for Illinois Employees–Updated Policy Forthcoming
  • Illinois Expands Prohibition Against Use of Electronic Devices While Driving–Policy Update Forthcoming (Effective Date is 6/1/2024)
  • Illinois Amends Gender Violence Act to Create Employer Liability for Gender-Related Violence in the Workplace
  • Illinois Requires Paid Organ Donor Leave–Includes Updated Policy
  • New Illinois Law Addresses All-Gender, Multiple Occupancy Restrooms
  • New Illinois Law Creates Commuter Tax Benefits Program
  • Illinois Expands Smoking Prohibition to Cover Vaping–Includes Updated Policy
  • Illinois Adds Rights and Safety Protections for Day and Temporary Workers
  • New Illinois Law Requires Health Insurance Coverage for Additional Preventative Health Services for Women


  • Iowa Amends Abortion Ban


  • Lawrence, Kansas Passes CROWN Act


  • Maine Amends Workers Compensation Self-Insurance Laws to Allow Fronting Arrangement for Employees in Other States
  • Maine Passes Act to Protect Employee Freedom of Speech–Includes Notice Requirement


  • Missouri Enacts New Law Establishing Show-Me My Retirement Savings Plan

New Hampshire

  • New Hampshire Passes Lactation Accommodation Law–New Policy Forthcoming Closer to 2025 Effective Date
  • New Hampshire Amends Law on Tip Pooling

>New Jersey

  • New Jersey Establishes Employment Protections for Service Employees During Changes in Business Ownership
  • New Jersey Amends Employment Taxation Law

New York

  • New York Expands Discrimination Protections for Interns


  • Oregon Creates New Requirement for State Board or Commission Leave–Includes New Policy
  • Oregon Passes Consumer Privacy Act
  • Oregon Amends Paid Family and Medical Leave Law
  • Oregon Extends Existing Victim Leave to Cover Victims of Bias–Includes Updated Policy
  • Oregon Amends Rules on Private Employer Plans for Paid Family and Medical Leave
  • Oregon Adopts Temporary Paid Leave Program Rules on Reinstatement and the Definition of “Family Member”
  • Oregon Amends Rule on Employee Contributions for Paid Family and Medical Leave
  • Oregon Enacts Law Establishing Right to Make Reproductive Health Decisions and Addressing Benefits for Gender-Affirming Treatment
  • Oregon Amends Rules on Intermittent Leave, Documentation and Notice Requirements for Paid Family and Medical Leave


  • Pennsylvania Expands Protected Categories Under Human Relations Act, Including CROWN Provisions–Includes Updated Policy


  • Texas District Court Declares State Preemption Law Unconstitutional


  • Seattle Ordinance Requires Deactivation Notices for App-Based Workers

Washington D.C.

  • D.C. Clarifies Interaction Between Universal Paid Leave and Short-Term Disability Benefits
  • District of Columbia Requires Group Health Plan Benefits to Cover Diagnosis and Treatment of Infertility


Developments Taking Effect This Month

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


  • The United States Securities and Exchange Commission Adopts Final Rule on Standardized Security Risk Disclosures (effective 09/05/23)


  • Alabama Prohibits Employers from Requiring Implantation of a Microchip (effective 09/01/23)


  • Florida Prohibits Discrimination Based on Refusing Vaccination, Testing or Face Coverings (effective 09/01/23)


  • Evanston, Illinois Establishes Fair Workweek Ordinance–Now Includes Sample Policy (effective 09/01/23)


  • Maine Amends Mini-WARN Law, Expanding Employer Coverage (effective 09/16/23)
  • Maine Amends Wage Payment Law, Clarifying Exemptions for Salaried Employees (effective 09/19/23)
  • Maine Amends Workers Comp Law on Sexual Harassment Liability (effective 09/19/23)
  • Maine Amends Workers Compensation Self-Insurance Laws to Allow Fronting Arrangement for Employees in Other States (effective 09/19/23)
  • Maine Amends Workers’ Comp Act Regarding Independent Contractor Status (effective 09/19/23)
  • Maine Creates Penalties for Retaliation (effective 09/19/23)
  • Maine Expands Equal Pay Law (effective 09/19/23)
  • Maine Expands Law on Tip Pooling to Address Employees Outside of Service Sector (effective 09/19/23)
  • Maine Passes Act to Protect Employee Freedom of Speech–Includes Notice Requirement (effective 09/19/23)
  • New Maine Law Preempts Local Abortion-Related Regulations (effective 09/19/23)
  • New Maine Law Requires Veterans’ Rights Workplace Poster (effective 09/19/23)


  • Baltimore, Maryland Expands Antidiscrimination Ordinance (effective 09/22/23)


  • Nebraska Allows Permitless Carry of a Firearm–Includes Notice Requirement (effective 09/10/23)

New Hampshire

  • New Hampshire Amends Law on Tip Pooling (effective 09/26/23)

New York

  • New York Amends Law on Pay Transparency (effective 09/17/23)


  • Oregon Passes Paid Family and Medical Leave Law (effective 09/01/23)
  • Amendment to Oregon Family Leave Act Means an Expanded Definition of “Family Member” for Oregon Paid Sick Leave–Includes Updated Policy (effective 09/03/23)
  • Oregon Amends Family Leave Act to Expand Covered Family Members, Expand Reinstatement Rights and Limit Benefit Year Calculation Methods–Includes Updated Policy (effective 09/03/23)
  • Oregon Paid Family and Medical Leave Benefits Become Available September 3–New Policy Template Provided (effective 09/03/23)
  • Oregon Amends Paid Family and Medical Leave Law (effective 09/24/23)
  • Oregon Amends Paid Family and Medical Leave Provisions on Overpayments and Penalties (effective 09/24/23)
  • Oregon Amends Public Accommodations Law to Address Closed Captioning on Televisions in Public Areas (effective 09/24/23)
  • Oregon Creates New Requirement for State Board or Commission Leave–Includes New Policy (effective 09/24/23)


  • New Texas Law Authorizes Qualified Insurers to Provide Paid Family Leave Insurance (effective 09/01/23)
  • New Texas Law Preempts Local Leave and Other Employment Laws (effective 09/01/23)
  • New Texas Law Requires Health Benefit Plans to Cover Fertility Preservation Services (effective 09/01/23)
  • New Texas Law Requires Notice on Workplace Violence Hotline (effective 09/01/23)
  • Texas Amends Child Labor Laws to Create Enforcement Mechanisms (effective 09/01/23)
  • Texas Amends Regulations on Multiple Employer Welfare Arrangements and Health Benefit Plans (effective 09/01/23)
  • Texas Enacts Law Requiring Training Materials on Human Trafficking (effective 09/01/23)
  • Texas Enacts New Health Benefit Plan Law on Prescription Contraceptive Drug Coverage (effective 09/01/23)
  • Texas Prohibits Discrimination Based on Hair Texture or Protective Hairstyles–Includes Updated Policy (effective 09/01/23)
  • Texas Prohibits Governmental Agencies from Requiring Businesses to Adopt COVID-19-Related Measures (effective 09/01/23)

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