During Valentine Month 2023, let’s show some love for the latest employment law updates. After all, staying informed about the laws that govern our workplaces is the sweetest way to avoid any bitter legal battles.
So what are the latest and greatest 2022 and 2023 employment law updates? In this article, we’ll give you the rundown of some of the most important laws passed last year. So grab a box of chocolates and let’s dive into the heart of these updates!
1. U.S. Department of Labor updated the FLSA
The U.S. Department of Labor (DOL) recently proposed a new rule for employers to determine whether a worker is an employee or independent contractor. As an addition to the Fair Labor Standards Act (FLSA), this law would reinstate a six-factor test used by the DOL prior to 2021.
2. New York City passed the automated employment decision tools law
As of January 1, 2023, all businesses with employees in New York City must follow new rules for use of automated employment decision tools (AEDTs), including annual bias testing and two notice requirements (employers must publicly post the date of the AEDT bias audit, and notify employees at least 10 business days before using an AEDT to evaluate employees or potential employees). Violation of these laws could result in penalties of $375 to $1,500 per violation.
3. New York City passed a wage transparency law
New York City passed a new wage transparency law on November 1, 2022, requiring all employers with four or more employees (or one or more domestic workers) to list the salary range or hourly wages with all job postings. Companies that fail to comply could be charged with unlawful discrimination.
4. New York State passed a wage transparency bill
New York State is following New York City’s lead, passing a bill that would require all employers doing business in New York to post salary ranges or hourly wages as well as benefits for job postings. This includes postings for remote positions that even have the possibility of being filled by a New York State resident.
5. California passed a cannabis use law
Effective January 1, 2024, a new California law prevents employers from discriminating against or terminating employees who use cannabis when they’re not at work. Employers can still discipline or terminate employees who have cannabis in their possession at work, or who are impaired by cannabis use on the job.
6. California updated pay transparency and employee data reporting laws
Taking cues from New York and Colorado, California now requires employers with 15 or more employees to post pay ranges in all job descriptions. The law, which went into effect January 1, 2023, also includes other requirements for pay transparency and employee data reporting.
7. U.S. Supreme Court issued a ruling on Viking River Cruises, Inc. v. Moriana
California employers have highly anticipated the U.S. Supreme Court ruling of Viking River Cruises, Inc. v. Moriana, and the results are in: employers can enforce arbitration agreements that contain class action and Private Attorney General Act (PAGA) waivers. However, this probably isn’t the last decision related to PAGA, and employers should keep a close eye on developments.
Let SixFifty help you stay current on employment laws
These seven laws just scratch the surface of the many changes that occurred in employment law across the United States this year. Companies that care about compliance could spend hours every week pouring over the latest updates. Fortunately, there’s an alternative.
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