A Labor Compliance Roundup
Here is a brief look at updated Labor Compliance laws as of January 2023. We cover everything from COVID-19 compliance to state and local initiatives. While our “Roundup” does not provide legal advice, it does seek to alert our customers to the myriad of issues and challenges that arise in our industry.
State and Local Laws
California’s new pay transparency law requirements, effective January 2023
Effective January 1, 2023, California companies with 15 or more employees will be required to list salary ranges for all job postings and make that same information available to existing employees. Additionally, companies with 100 or more employees will be required to report detailed pay information to California’s Civil Rights Department annually. Additional information is available here.
California Privacy Rights Act, effective January 2023
The new California privacy law, the California Privacy Rights Act (CPRA), is effective on January 1, 2023. The CPRA expands the existing law, the California Consumer Privacy Act (CCPA), in various ways, including the addition of protections against the selling of personal information. We expect that the Office of the Attorney General will issue updated FAQs, which we expect will be found here once published. Cast & Crew employs strong security measures and privacy protections and does not sell personal information.
California Bereavement Leave requirement, effective January 2023
An amendment was made to the California Family Rights Act requiring all employers with five or more employees to provide up to five days of unpaid bereavement leave for an employee within three months of the death of a qualifying family member. Additional information is available here.
San Francisco Public Health Emergency Leave, effective October 2022
Effective October 1, 2022, businesses with 100 or more employees worldwide must provide up to 80 hours of paid Public Health Emergency Leave to each employee who performs work in San Francisco. The paid leave is in addition to any paid time off, including paid sick leave, under the San Francisco Paid Sick Leave Ordinance. Additional information is available here.
Colorado Paid Family and Medical Leave Insurance (FAMLI) program, effective January 2023
Contributions to the FAMLI program will begin on January 1, 2023. Both employers and employees will contribute premiums to the program. Employees should start seeing a FAMLI premium deduction on their paystubs beginning in January 2023. Paid leave will be available to eligible employees for family leave, medical leave, and family military leave reasons beginning on January 1, 2024. Employers are required to post a notice informing workers about the FAMLI program by January 1, 2023. A copy of the notice can be found here. Additional information is available here.
Illinois “One Day Rest in Seven Act” amended, effective January 2023
A few changes are coming to Illinois’ One Day Rest in Seven Act. Currently, employers are required to provide employees with at least 24 consecutive hours of rest in every calendar week. Beginning January 1, 2023, employers must allow employees at least 24 consecutive hours of rest in every consecutive seven-day period. Additionally, the law now requires employers to provide an additional 20-minute meal period for every additional four and a half continuous hours worked beyond the first seven and a half continuous hours. Previously, the law only required one 20-minute meal period for every seven and a half hours worked. Employers are also required to post a notice provided by the Department of Labor at each worksite and must provide it by email or an electronically accessible platform for remote workers. Last and most importantly, there will be a significant increase in the penalties for non-compliance. Additional information is available here.
Illinois new pay data reporting requirement, effective January 2023
Beginning January 1, 2023, many Illinois corporations will be required to provide EEO-1-style annual reports to the Illinois Secretary of State. The new requirement is contained in an amendment to the Illinois Business Corporation Act, signed into law on March 23, 2021 by Governor J.B. Pritzker. The new requirement will apply to all corporations in Illinois that 1) Are required to file annual reports under the Illinois Business Corporation Act; and 2) Are required to file an EEO-1 report with the Equal Employment Opportunity Commission (EEOC). Additional information is available here.
Oregon Paid Family and Medical Leave program, effective January 2023
Contributions to the Paid Leave Oregon program will begin January 1, 2023. Employees should start seeing a Paid Leave Oregon premium deduction on their paystubs beginning in January 2023. Paid leave will be available to eligible employees for family leave, medical leave, and safe leave reasons beginning on January 1, 2024. Paid Leave Oregon has issued a model notice poster that employers are required to post at each worksite and must provide it electronically or by mail to any remote workers. The notice poster and additional information are available here.
Tennessee E-Verify law amended, effective January 2023
Tennessee voted to amend SB1780 to expand the mandatory E-Verify participation to businesses with 35 or more employees anywhere in the world that operate in Tennessee. The law currently requires businesses with 50 or more employees to use E-Verify. It is important to note that the Tennessee definition of “employee” includes any employee under the same FEIN, whether they are physically located in Tennessee or not. Additional information is available here.
Washington expands wage and salary disclosure requirements, effective January 2023
Effective January 1, 2023, employers that conduct business in Washington with 15 or more employees must disclose the wage scale or salary range and a general description of all the benefits and other compensation offered in each job posting for each job opening. The 15-employee threshold includes employers that do not have a physical presence in Washington, as long as the employer has one or more Washington-based employees. Additional information is available here.
Federal Laws
I-9 expiration date extended: October 31, 2022
The USCIS announced that employers should continue to use the current Form I-9 after its expiration date on October 31, 2022 until further notice. A new I-9 will be published in the coming months. Until then, employers should continue to use the current version of the I-9 form. Additional information is available here.
W-4 2023
A draft of the 2023 W-4 Employee’s Withholding Certificate was released July 15, 2022. At this time, there is only a draft, as the final form has not been released. We will be monitoring the release of the final form and will provide an update as soon as it becomes available.
COVID-19 Updates
California COVID-19 Supplemental Paid Sick Leave
California has extended COVID-19 Supplemental Paid Sick Leave (SPSL) through December 31, 2022. On September 29, 2022, California’s governor signed Assembly Bill AB 152, which amends the existing SPSL law. Employers are not required to provide new or additional SPSL to employees who have already used their 2022 COVID-19 sick pay allotment. Additional information is available here.
Labor Relations Updates
The Local 161 Theatrical and TV Series and Supplemental Digital Production Agreements have recently been ratified and now include provisions for sick leave, effective December 18, 2022.
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