Employment Laws 2023
2023 brings new employment law trends for employers to watch carefully. As the pandemic recedes, significant changes are being made to US labor law regulations.
Some laws and policies in 2022 won’t be relevant in 2023. And the transparency and compliance of many of these laws will be aided by the use of ChatGPT and other AI HR-related tools. Learn more about new and updated employment laws and changes employers and employees should know about.
Federal Labor Law Changes
There always seem to be new employment regulations and updates on existing laws that employers must be aware of. It’s important that you reference national associations for labor law changes, and if your company can support the expense, consider adding a general counsel or HR generalist into your staffing plan to keep abreast of legislative and law changes. Below are some of the major changes to federal labor law that comes into effect in 2023
PUMP for Nursing Mothers Act
Pregnant Workers Fairness Act (PWFA), The Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which took effect on December 29, 2022, gives more nursing employees the right to a private space and break time to express breast milk at work. This right was formerly provided only to employees who were eligible for overtime. Be sure your company has the updated FSLA poster to reflect the current law.
Electronic Posters Required?
Under federal laws, if all employees work remotely and typically receive company communications electronically, then electronic labor law posters are required. If you have some employees who work in a physical office, and some who work remotely, federal electronic posters are recommended but not required. Currently New York is the only state that requires all labor law posting and workplace notices be electronically posted.
Pay Transparency
Pay equity and transparency is hot news for 2023 and is receiving increasing attention nationally. An employer with more than 15 employees must disclose the pay scale for any job posting, regardless of whether the posting is internal or external. If there is outsourcing recruitment and direct hire, the employer must disclose the pay scale to the third party recruiter, and the recruiter must include the pay scale in the job ad.
Office of Federal Contract Compliance Programs (OFCCP)
The OFCCP is expected to do more pay equity audits. Pay equity and transparency laws are expected on a national basis in coming years. So 2023 might be a good time for all employers to add salary ranges to job postings and conduct pay equity analyses.
Employee Arbitration Agreements
In 2022, the Supreme Court ruled that employers can no longer order lawsuits filed by employees to arbitration, as was previously allowed under the Private Attorney General Act (PAGA).
It is imperative that company’s keep in mind that employment law updates never really slow down or remain the same. And 2023 promises to be no different! Stay abreast of new and updated employment laws.
Cardinal Staffing Services – Your Staffing Partner
Whether you are a company looking for employees OR a candidate looking for work we have you covered. Reach out to your local Cardinal Staffing office to hear more about current offerings and job postings – we’re here to help!