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.

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National

• 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

• 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

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

Connecticut

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

Delaware

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

Georgia

• DeKalb, Georgia Passes Antidiscrimination Ordinance

Hawaii

• Hawaii Enacts Pay Transparency Law and Broadens Equal Pay Law

Illinois

• 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

• Iowa Amends Abortion Ban

Kansas

• Lawrence, Kansas Passes CROWN Act

Maine

• 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

• 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

• 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

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

Texas

• Texas District Court Declares State Preemption Law Unconstitutional

Washington

• 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

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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 September 2023.

National

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

Alabama

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

Florida

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

Illinois

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

Maine

• 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)

Maryland

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

Nebraska

• 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

• 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)

Texas

• 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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