State & Local Employment Law Developments: Q4 2023

At a Glance

• As we witnessed in the first, second and third quarters of 2023, state and local governments continued to increase workplace regulations in the fourth quarter of the year.

State and local governments continue to increase workplace regulations. This update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance with local and state laws.

California

Please see our previous client alert regarding new California Laws.

Colorado

Please see our  previous client alert regarding new Colorado Laws.

Hawaii

Equal Pay Law: Effective January 1, 2024, the Equal Pay law is altered to ban pay discrimination on the basis of any protected characteristic listed in the Hawaii Fair Employment Practices Act.

Pay Transparency: Effective January 1, 2024, employers with at least 50 employees must include a pay range in job listings.

Illinois

Day & Temporary Labor Services Act: On November 17, 2023, an amendment to the Day and Temporary Labor Services Act was signed by Gov. J.B. Pritzker. However, this amendment revolves around the Equal Pay provision and will delay the implementation of the equal pay provisions until April 1, 2024.

Chicago & Cook County

Paid Sick Leave/Paid Leave: These localities passed sick leave or paid leave for any reason laws. Our firm will issue a separate alert about these laws.

Louisiana

Fresh Start Proper Worker Classification Initiative Application Period Ends: Effective December 31, 2023, employers that have been misclassifying workers as independent contracts can no longer apply to the Louisiana Fresh Start Proper Worker Classification Initiative.

Maine

Nonservice Employees to Participate in Tip Pools: Effective October 25, 2023, employers are allowed to create a valid tip-pooling plan for a group of employees that includes nonservice employees, so long as the employer pays all employees in the group the minimum hourly wage and does not take a tip credit.

Anti-Retaliation: Beginning on October 25, 2023, this law enacts penalties on any employer that retaliates against an employee for exercising their protected rights under Maine state law. Employers could be subject up to $1,000 in fines for each violation.

Equal Pay Law: The Equal Pay law in Maine is expanded to prohibit pay discrimination on the basis of race on October 25, 2023.

Pay Frequency and Record Keeping Exemptions: Effective October 25, 2023, salaried employees and employer’s family members are exempt from the requirement to pay all wages earned to nonexempt employees.

Captive Audience Meeting Protections: Beginning on October 25, 2023, employers are barred from disciplining, discharging, or threatening to discipline or discharge employees who refuse to attend an employer-sponsored meeting or hear employer communications that have the main purpose of stating the employer’s opinions on political or religious matters.

Massachusetts

Paid Family and Medical Leave: Effective November 1, 2023, the Massachusetts Paid Family and Medical Leave (PFML) law is amended to supplement their PFML benefit amount with accrued paid leave.

Minnesota

Paid Sick and Safe Leave: Bloomington, Minnesota amends their Paid Sick and Safe Leave to parallel the statewide Paid Sick and Safe Leave law, effective January 1, 2024.

New Mexico

Human Rights Act Amendments: Effective October 10, 2023, the following definitions under the New Mexico Human Rights Act are amended: disabled person, reasonable accommodation, sexual harassment, and pregnancy, childbirth, or related medical condition.

New York

Earned Sick and Safe Time Amendment: Beginning on October 15, 2023, New York City rules implementing Earned Sick and Safe Time Act (ESSTA) amendments that affect employee eligibility, use of leave, compensation, employee and employer notice, documentation, record keeping and penalties.

Voids Certain Claim Releases in Confidentiality and Nondisclosure Agreements: Beginning on November 17, 2023, a release of a claim is void if any part of the agreement requires the claimant to pay liquidated damages or forfeit all or part of the consideration received for entering into the agreement for violating a nondisclosure or nondisparagement clause or if the release requires an employee to make any affirmative statement that the employee was not subject to unlawful discrimination, harassment or retaliation.

Bans Height and Weight Discrimination: Effective November 22, 2023, New York City employers with at least four employees are forbidden to discriminate on the basis of height or weight.

Overtime for Farm Workers Who Work More Than 56 Hours: Effective January 1, 2024, nonexempt farm workers must be paid 1.5 times their rate of pay for each overtime hours above 56 hours in one workweek.

Nevada

Protections for Sexual Assault Victims: Beginning on January 1, 2024, employment protections are expanded to include employees and their family members who are victims of domestic violence and sexual assault.

North Carolina

Civil Air Patrol Leave Law: Effective December 1, 2023, this law protects employees who serve in the North Carolina Wing-Civil Air Patrol.

Ohio

Legalization of Marijuana: Beginning on December 7, 2023, Ohio legalized the cultivation, sale, purchase, possession and use of marijuana. Employers are not required to permit or accommodate an employee’s use, possession, or distribution in the workplace.

Oregon

Domestic Violence Leave: Effective January 1, 2024, the domestic violence leave law is amended to require leave for victims of a bias crime and to add another form of acceptable employee certification for leave.

Retaliation Related to Workplace Safety: Beginning on January 1, 2024, the Oregon Safe Employment Act is amended to ban employers from retaliating against an employee for refusing to expose themselves to serious injury or death from a dangerous condition in the workplace.

Discrimination Protections to Job Training Participants: On the job training or apprenticeship programs have the same protections against workplace discrimination as employees have, effective January 1, 2024.

Military Leave Law: Effective January 1, 2024, the military leave law is amended to define key terms of the statute, such as active service, active service of the state and state active duty.

Civil Actions Against Employers Seeking Salary History: Effective January 1, 2024, an individual may file a civil action against an employer who unlawfully seeks salary history.

New Hire Reporting of Independent Contractors: Beginning January 1, 2024, an employer must report independent contractors to the Oregon Division of Child Support within the first 20 days of work if they are expected to perform services for the employer for more than 20 days or are rehired by the same employer and have not performed services for that employer in the last 60 days.

Shortens Unclaimed Wages Abandonment Period: Effective January 1, 2024, the period wages must remain unclaimed is shortened from three years to more than one year.

Rhode Island

Wage Theft Penalty: Effective January 1, 2024, each pay period that an employer does not pay employees’ wages on time constitutes a separate civil offense.

Washington

Repeal of Overtime Exemption for Agricultural Employees: Beginning on January 1, 2024, all agricultural employees must be paid 1.5 times their regular rate of pay for all hours worked over 40 in one workweek.

Protects Off-Duty Marijuana Use: Beginning January 1, 2024, employers are banned from making hiring decisions based on an applicant’s off-duty use of cannabis or a positive preemployment drug test.