Many states, as well as federal agencies enacted legislation that every employer should be aware of. Below is a list of federal and state law changes that should be reviewed by all employers.
OSHA Final Rule on Workplace Injury and Illness Reporting Requirements (29 CFR1904)
This amends recordkeeping and reporting requirements to require certain employers to electronically submit injury and illness information to OSHA. Effective January 1, 2024.
NLRB Final Joint Employer Rule
The Rule defines joint employment under the National Labor Relations Act (NLRA). Two (2) or more employers may be considered joint employers under the NLRA, when they share or codetermine matters that govern an employees’ essential terms and conditions of employment. Effective February 26, 2024
California AB1076
Voids noncompete agreements in an employment context that does not satisfy one of the exceptions. The law requires employers to notify current and former employees in writing by February 14, 2024, that a noncompete that is applied to them is now void. Effective January 1, 2024
California SB699
Prohibits employers from entering into or attempting to enforce noncompete agreements, which are void under state law, regardless of where and when the contract was signed. Effective January 1, 2024
California AB1355
Allows employers to email employees’ statements of earned income tax credits and unemployment benefits with employees’ written consent and prohibits employers from taking adverse action against employees who opt out of receiving electronic statements. Effective January 1, 2024
California AB933
Establishes that complaints and related communications regarding sexual assault, harassment, or discrimination are privileged, and therefore protected from civil actions, such as defamation suits. Effective January 1, 2024
California SB365
Provides that an appeal from an order dismissing or denying an employer’s petition to compel arbitration does not automatically stay trial court proceedings. Effective January 1, 2024
California SB497
Creates a rebuttable presumption against an employer in a claim by an employee or applicant for discrimination, retaliation or adverse action, within 90 days of their protected conduct, including complaints of unequal pay, and creates a civil penalty of up to $10,000 for each violation. Effective January 1, 2024
Colorado Proposition 122 (Ballot Measure)
Decriminalizes the use or possession of certain natural psychedelic medicines, including psilocybin and psilocin, the psychoactive chemicals in psychedelic mushrooms, but does not require employers to permit or accommodate the use of natural psychedelic medicines in the workplace. Effective January 1, 2024
Connecticut SB 1103
Enacts new rules pertaining to artificial intelligence, automated decision-making, and data privacy. Establishes an Office of Artificial Intelligence and a taskforce to study AI and develop an AI bill of rights. Requires the Department of Administrative Services to inventory AI systems in use by any state agency. Effective January 1, 2024
The new law changes are complex. Employers should consult with an employment law firm in order to ensure they are in compliance.
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