New Books, New Laws

The backpacks are all packed and it’s back to business for students. Fall is also a great time for employers to look ahead at what’s around the corner for employment compliance. There are many new laws that will become effective January 1, 2023, so why not get ready now? If your state is not included below, chances are it will follow suit or has something similar already: 

Rhode Island Pay Equity Act: This small state has passed a giant pay equity law. While many states’ pay equity laws address disparity based on gender, the Rhode Island Pay Equity Act significantly expands the classes of individuals it protects, adding new responsibilities for employers. Employers who conduct wage audits described under the Act are allowed protection until June 31, 2026, against certain liabilities and damages. Talk about an ounce of prevention equaling a pound of cure! 

New York City Automated Employment Decision Tools: Studies have shown that certain protected classes have been negatively impacted in hiring by the use of automated employment decision tools (such as resume scanning software). In order to address this concern, effective January 2, 2023, employers in New York City will be banned from using these automated employment decision tools to screen job candidates unless the technology has been subject to a “bias audit.” This is the first law like this in the nation and we expect to see more. It is a game-changer for using AI in screening applicants. 

Illinois Family Bereavement Law Act: Illinois has expanded its existing Child Bereavement Law Act to expand protected leave for the death of a family member, as well as providing time off due to certain losses for pregnancy or adoption. The Family Bereavement Leave Act (“CBLA”) expands employers’ obligations to provide unpaid bereavement leave and defines “family” quite broadly. Employers with employees in Illinois should ensure they have a policy in place for the effective date of January 1, 2023.  

State Leave Laws: The past few years have seen an increase in the number of states who now offer paid family and medical leave law programs to employees. Effective January 1, 2023, New Hampshire, Oregon, and Colorado (contributions only, leave begins 2024), have enacted similar leave laws. 

 We can help. We can draft compliant polices and conduct protective audits. Questions? Contact us.